What if someone that knows another person is infact competent etc,

Asked over 3 years ago - Winter Haven, FL

but still wants to maintain control over another adult and uses guardianship, as a motive to keep that control, just so they can keep abusing that other person for their pleasure. and the ones who are involved go along with the abuser, can charges be brought against the abuser/abusers by the abused?

Attorney answers (3)

  1. Susan E. Gregory

    Contributor Level 9

    Answered . If you suspect somone is abusing another adult please call the Adult Protective Services at the weblink provided below. If the person you are concerned about is part of a guardianship you should talk an attorney who handles guardianship law to consider whether to file a petition to remove the guardian by alleging the abuse you know about. Please don't wait to take action if you believe someone is being abused. I cannot speak about whether criminal charges will be brought but I do believe the abused adult deserves to live in a safe, loving environment and needs your help. I hope this situation works out for well for all involved. Let me know if I can be of further assistance as I handle guardianship law in Sarasota County.

    My comments do not establish an attorney-client relationship and do not constitute legal advice, but if my answer has helped you please mark the thumbs up box below. Thank you.

    Susan Gregory Liammari, Esq.
    Counselor First, Then Counsel
    Florida Elder Care Attorney & Advocate
    1491 E Venice Avenue | Suite A | Venice, FL 34292
    Ph: (941) 486-8700 | Fax: (941)-486-8708
    Twitter: http://twitter.com/Legacy_Lawyer
    Linkedin: http://www.linkedin.com/in/susangregoryesq

  2. Robert L. Brenna Jr.

    Contributor Level 12

    Answered . All of our freedom is vital to our very existence. The tension develops when one may not actually be losing certain faculties due to aging, or disease but is nonetheless claimed to be in need of supervision. We must be vigilant in safeguarding our seniors' rights. If one is abused at any age it is criminal, but elder abuse is especially abhorrent. It is often for financial gain, and I concur in advising a call to adult protectives, the prosecutor, and especially a very good attorney who deals in this area. Although it is generally thought to be difficult to win, I have personally successfully defended against unwarranted Court Proceedings seeking.Guardianship where it was unwarranted. Don't let this vulnerable soul be taken advantage of. Best wishes for success.
    Bob Brenna Jr.
    Robert L. Brenna, Jr., Esq.
    Brenna, Brenna & Boyce, PLLC
    Suite 2000
    31 East Main Street
    Rochester, NY 14614
    (585) 454-2000

  3. Jeffrey Mark Adams

    Contributor Level 20

    Answered . Excellent advise by the other contributor. Speak with an attorney, contact the Agency, reach out to the local prosecutor. Good luck.

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