Training, Public Speaking, Presentations
Training Curriculums co-authored
- Elder Abuse Neglect and Exploitation
Certified Officer Training Curriculum
Fl. Dept of Elder Affairs/ University of Miami
- Elder Abuse and Exploitation
Florida Dept of Law Enforcement
Advanced law enforcement 40 hr accredited training module
Public Speaking, Training, Related Commendations
- Foundation for Florida’s Future
Chairman, Governor Jeb Bush
- Florida Department of Elder Affairs
Secretary of Elder Affairs, E. Bentley Lipscomb
- Governor’s Elder Abuse Prevention Task Force
Secretary E. Bentley Lipscomb
- Stetson College of Law
- University of Miami, Center on Aging and Disabilities
Director Patricia A. Bloom
- Delray Beach Police Department
- Florida Office of the Attorney General
Dept of Legal Affairs
- Florida Office of the Comptroller, Dept of Banking Finance
Director Anthony Armbrister
- Davie Police Department
- Area Agency on Aging of Palm Beach, Treasure Coast
Executive Director Cathy Heron
- Center For Applied Gerontology
Director Samuel Bartow Strang
- Hillsborough County Sheriff’s Office
- State Attorney, 17th Judicial Circuit Elderly Task Force
- Seminole County Sheriff’s Office
- Broward County Sheriff’s Office
- Florida Crime Prevention Training Institute
George Sunderland, Manager, Criminal Justice Services
- The Metropolitan Police Institute, Dade County, Florida
Director Louise Rogers
- Miami-Dade School of Justice and Safety Administration
- City College, Broward County
- St Petersburg Community College Police Institute
OTHER TRAINING MATERIALS:
~ HISTORY OF FLORIDA’S EXPLOITATION LAW ~
Throughout the 1980’s the state of Florida had an exploitation statute that was only a first-degree misdemeanor and used very rarely by law enforcement. In October 1989 the financial exploitation statute was upgraded to a third degree felony but was used primarily by Adult Protective Services as the investigative guideline for their classification of complaints received from the state’s central hotline number.
Felony exploitation arrests began in 1990 and a gradual increase in prosecutions occurred until June of 1994 when the Florida Supreme Court found the exploitation statute to be unconstitutionally vague. For one full year after the Supreme Court’s actions there was no exploitation law. Law-enforcement agents and prosecutors were forced to rely on the grand theft statute which did not specifically recognize elderly victims who do not have the capacity to give consent or are dependant due to other disabilities. Grand theft requires that the victim’s property be taken without his or her consent, so how can exploitation victims without capacity be expected to testify?
Finally, after much work between prosecutors, law-enforcement officers and other government agencies, a new exploitation bill was prepared for legislators and in July 1995 the new exploitation law was passed. Today this law is known as Florida Statute 825.103: Exploitation Of An Elderly Person or Disabled Adult.
Important Points When Citing Exploitation
1.The Infirmity of the Elderly Victim Will Play a Role in the Theft Committed Against Them
For an exploitation charge to apply the elderly victim must suffer a disability that contributes to the theft.
2.The Victim Does Not Have To Prosecute.
When a victim does not have capacity to give consent, lack of consent and prosecution are assumed.
3.No Minimum Amount Required For Felony Exploitation.
An exploitation crime involving just 10$ is a felony.
4.Documents Don’t Make it Civil.
When a responding officer does not recognize an exploitation crime they make a common mistake of classifying the crime as a civil matter because the incapacitated victim signed legal documents transferring assets.
5.Do Not Use Word “Incompetent” When Reporting.
The dictionary defines incompetent as â€œnot qualified.â€? The word is obscure and open to a wide variety of interpretation. The defense can also question the officer’s qualifications to make such a statement. Rather, the officer can quote in the police report the victim’s statements that indicate the victim’s lack of capacity to give consent.
6.Don’t Ignore an Exploitation Complaint.
No squeaky wheels here. The disabled are silent victims and you are probably their last hope to stop the victimization.
Typical Victim Profile
a.Victim Suffers Memory Loss.
Because of Alzheimer’s, Parkinson’s Disease, Organic Brain Syndrome and other degenerative brain diseases the victim will suffer memory loss.
b.Victim is Isolated and Lonely.
The victim is often living alone with no relatives providing oversight or living in the area. The victim will easily become dependant on a stranger for this reason.
c.Victim is Unaware of Theft.
The victim is often unaware of theft due to mental infirmities or isolation of physical infirmities.
d.Victim Feels Responsible.
When a victim does become aware of a theft they often feel responsible, guilty and embarrassed for allowing the theft to occur.
e.Victim Will Not Prosecute.
Because they feel responsible and/or threatened, a victim often will not want to prosecute when they are aware of their victimization. The state will still prosecute in cases involving victims who do not have capacity to give consent..
f.Victim Doesnâ€™t Know His or Her Assets.
Victims without capacity will be unable to give an account of their assets. The victim may know that they own there home and have bank accounts but they will be unable to identify their banks, accounts or balances. It will be common for these victims to state that they have â€œhundreds of dollarsâ€? in their accounts when in fact they have thousands or millions.
g.Victim Wants Restitution.
Although elderly disabled victims often do not want to prosecute and may not be aware of the extent of their assets, remarkably they will still indicate that they want their assets returned. Â egâ€¦. When you ask an elder who suffers acute short term memory loss if they would like the home they signed away returned, they will be adamant about having it returned.
h.Victim is Dependant on Suspect.
Because the victim may be emotionally attached and is often physically dependant on a caregiver or â€œgood Samaritan,â€? it is essential to have the assistance of Adult Protective Services during a criminal investigation. The abrupt removal of the exploiter (deserving arrest) from the victimâ€™s environment could leave the victim abandoned and helpless.
A will is an effective legal tool for providing explicit instructions on how property should be distributed and/or used after a person dies. In most cases, a will also minimizes death taxes and legal and probate expenses, and enables the individual to name an executor to be responsible for carrying out the willâ€™s instructions.
A trust involves the transfer of a property to a trustee, who then invests and manages it for the benefit of the trustâ€™s beneficiaries.
This property transfer does not constitute a sale. The beneficiaries are selected by the grantorâ€”the person creating the trust. A trustee can be a family member, friend, bank, or trust company.
POWER OF ATTORNEY
Power of Attorney is a legal device which permits an individual to give another person (the attorney-in-fact) the authority to act on the principalâ€™s behalf. The attorney-in-fact is authorized to handle banking and real estate, to incur expenses, pay bills, and handle a wide variety of legal affairs.
Power of attorney is valid for a stated period of time— that is, for as long as the principal is mentally competent. If the principle dies, or becomes comatose or mentally incompetent, the power of attorney expires immediately.
DURABLE POWER OF ATTORNEY
A Durable Power of Attorney is assigned and operates just like a power of attorney, except this authorization remains valid after the principal becomes comatose or mentally incompetent. Every state now has statutes recognizing durable power of attorney. A durable power of attorney can make health care decisions on behalf of the principal if he/she becomes incompetent.
Guardianship is a legal mechanism used by the court to declare a person incompetent and appoint a guardian to that person. The court transfers responsibility for managing financial affairs, living arrangements, and medical care decisions to the guardian. Every state has different laws regarding guardianship. A guardianship can either be partial or plenary (total).