Taking advantage of the elderly

[David Mauricio]

Jurisdiction

Florida

Is there a law against taking advantage of the elderly?
My brother who has a job making more than me and my dad and has a Mercedes among many other luxury items has for many years been asking for and getting a lot of money from my dad. I believe he is using conversational hypnosis over the phone on my dad.
He always uses the reason that it's for his son's education.
If it was me I would take care of my sons education before ever buying a Mercedes.

 

[justblue]

Is there a law against taking advantage of the elderly?
My brother who has a job making more than me and my dad and has a Mercedes among many other luxury items has for many years been asking for and getting a lot of money from my dad. I believe he is using conversational hypnosis over the phone on my dad.
He always uses the reason that it's for his son's education.
If it was me I would take care of my sons education before ever buying a Mercedes.

Is your father cognitively impaired in some way? How old is your father?

 

[David Mauricio]

Is your father cognitively impaired in some way? How old is your father?

My dad is 105. He walks without a walker. He's hard of hearing. I'm not sure what cognitive impaired is about.

 

[adjusterjack]

Is there a law against taking advantage of the elderly?

Yes. Florida has a criminal statute addressing abuse, neglect, and exploitation of elderly persons and disabled adults.

You will have to read it to see if any of it applies to how your brother is getting money out of your father.

Statutes & Constitution :View Statutes :->2022->Chapter 825 : Online Sunshine (state.fl.us)

I believe he is using conversational hypnosis over the phone on my dad.

That could very well be but I found nothing that would indicate that the process is illegal though I suppose the results could have consequences if used to your father's detriment.

Just Blue's questions are important. If your father is mentally competent he has a right to give his money away as he pleases.

 

[adjusterjack]

My dad is 105. He walks without a walker. He's hard of hearing. I'm not sure what cognitive impaired is about.

105. Wow. Good for him.

"Cognitive impaired" has to do with mental competence.

You should have a candid discussion with your father about the situation, his estate planning, his life in general. His responses will answer a lot of the questions about his mental competency.

 

[zddoodah]

Is there a law against taking advantage of the elderly?

"Take advantage of" is a vague term, but there is at least one statute covering elder abuse and neglect.

My brother who has a job making more than me and my dad and has a Mercedes among many other luxury items has for many years been asking for and getting a lot of money from my dad.

As written, there is nothing illegal about this. However, since your father is over 60, the statute I liked applies if he is "suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that [his] ability ... to provide adequately for [his] own care or protection is impaired." I suspect that he is, so feel free to report what you think is happening to the local police or elder abuse prevention authority.

I believe he is using conversational hypnosis over the phone on my dad.

Ummm...??

He always uses the reason that it's for his son's education.

Do you or does your father have evidence that this isn't true? If your father is 105, then his children should be in the 65-85 range and their children in the 25-65 range. What education is his son pursuing?

P.S. Since you're airing family laundry here, you ought to change or ask a moderator to change your screen name since you appear to have used your real name.

 

[adjusterjack]

P.S. Since you're airing family laundry here, you ought to change or ask a moderator to change your screen name since you appear to have used your real name.

We don't have the ability to change user IDs. I don't think the user can do it either, once he registers. He'll have to delete the thread and reregister under a different user ID if he wants to continue.