Elder Law & Abuse / Fraud Recovery

Miami elder law attorney Randy A. Bryant understands that many elder law issues are a top concern for Florida residents. This is why the Bryant Law Firm combines over a decade of experience in probate, wills and trusts, and personal injury matters with a special focus on the needs of elderly clients. The Bryant Law Firm also offers comprehensive legal representation to vulnerable elderly clients who may have been the victims of deceit or exploitation, or victims of physical abuse at the hands of others.

Elder law in Florida is a highly specialized area of the law addressing the unique needs of elderly residents in the state. Because the area of the law is so specialized, it is important to find a highly qualified elder law attorney who can best represent you.

Elder law encompasses a wide variety of concerns and procedures and may include:

• Helping clients navigate guardianship matters and address circumstances where undue influence may be preventing an elderly person from making decisions in their own best interest;
• Pursuing personal injury and wrongful death claims related to physical, emotional or sexual abuse of an elderly person by a caregiver or nursing home;
• Addressing the exploitation of an elderly individual for the personal or financial gain of another;
• Bringing a breach of fiduciary responsibility claim where fraud by money mangers, financial advisers, stock brokers or others has been uncovered; and
• Challenging a will through probate litigation where elder abuse, fraud, undue influence or lack of capacity may have affected the last will and testament of a loved one.

In order to effectively represent an elderly client in any or all of these matters, a qualified elder law attorney should have experience in probate court and guardianship court, and should be well-versed in representing clients in both administrative and litigation matters.

Elder abuse in Florida is frequently under-reported and poorly understood. Although criminalized under the Florida statutes, elder abuse continues to rise within the state, particularly in Southern Florida. According to recent statistics, both Broward and Palm Beach counties have seen an increase in elder abuse claims in recent years, with over 5,000 incidents of elder abuse reported in Broward County in 2011. Nationally, almost one in ten elderly individuals have been victims of elder abuse, with one study finding that among elderly individuals with dementia, almost half (47%) had experienced mistreatment by their caregivers.

Under Florida law, elder abuse includes any act or omission resulting in harm to an elderly person. Thus, while elder abuse can include physical violence, it can also result from negligent behavior that harms an elderly person. Florida statutes also protect elderly persons from financial abuse resulting from the use of a person's funds, assets, or property without their consent. In both situations, Florida law requires mandatory reporting of any abuse, neglect or exploitation to the Department of Children and Family Services.

If you or a loved one needs assistance with elderly law matters, including probate, wills and trusts, or personal injury claims, South Florida elder abuse attorney Randy A. Bryant is here to help you. Similarly, if you believe that someone you care about is being victimized because they are elderly, the Bryant Law Firm can help you to address this situation and seek relief. When trusted caregivers, neighbors, family, friends or financial managers unlawfully exploit or abuse an elderly person or loved one, the Bryant Law Firm believes that justice must be obtained and is here to help Florida residents in doing so. We encourage you to contact us as soon as possible so that we can begin to assess the situation through a free consultation. Elder abuse can be stopped when it is actively addressed and reported. To schedule a free consultation call our Coconut Grove office at 305.456.2777. You can also contact us online.