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Elder Abuse

EXPLOITATION AND ABUSE OF ELDERLY AND VULNERABLE PERSONS

The Firm first started practicing in the area of elder abuse in 2010 when Andy Dogali discovered that his father, who suffered from dementia, had been exploited by a caregiver who had induced Andy’s father to sign a quitclaim deed conveying the family home to her. After she was arrested, Andy became very familiar with the law in this area, and with the tragically growing phenomenon of financial exploitation of the elderly. Since that time the Firm has assisted others who seek justice against trusted caregivers who have taken advantage of vulnerable family members.

In such situations, many actions can be taken, including:

  • Filing a petition to determine incapacity and to appoint a guardian

  • Filing civil actions for:

    • Exploitation of a vulnerable adult under Chapter 415, Florida Statutes

    • Common law breach of fiduciary duty

    • Emergency or temporary injunction or restraining order

    • Permanent injunction or restraining order

    • Constructive trust, freeze assets, fraudulent conveyance

    • Common law fraud

    • Abuse of power of attorney under Chapter 709, Florida Statutes

    • Infliction of emotional distress

    • Removal of a guardian

    • Caregiver or nursing care negligence

    • Attorney malpractice, where the caregiver or trustee is a lawyer

  • Reporting the abuse to a state agency

  • Reporting the abuse to law enforcement

  • Offering victim support for law enforcement and prosecutors

  • Mediation and dispute resolution alternatives to litigation

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For further information about DSL, please contact us at your convenience.

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