Mickey Rooney s story. Mickey Rooney s emotional testimony on elder abuse. =W9ikKP5-s5A

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1 Exploitation Bennett Inn Group 2 Shannon Miller, Ryan Gilbert, Norman Bledsoe, Monica Brasington, Ron Kozlowski, Katie Floyd, Areesha Muzaffar, Trace Jackson, James Kirkconnell

2 Mickey Rooney s story Mickey Rooney s emotional testimony on elder abuse. =W9ikKP5-s5A

3 Exploitation Presentation by Shannon M. Miller, B.C.S

4 Exploitation Trivia Time!

5 What are the elements of exploitation from a joint account?

6 What are the elements of exploitation from a joint account? Misappropriating funds from a joint account In which victim was the sole contributor Victim is elderly or a disabled person

7 Name 3 out of the 7 ways someone can commit the crime of exploitation?

8 1. Knowingly using vulnerable adult s funds with intent to deprive by a person who stands in a position of trust or has a business relationship with the victim 2. Knowingly using vulnerable adult's funds with intent to deprive by person who knows or should know that the elderly person lacks capacity to consent. 3. Breach of fiduciary duty by guardian, trustee or attorney in fact which results in misappropriation. 4. or when fiduciary violates certain duties. 5. Misappropriation from joint accounts. 6. Intentionally or negligently failing to effectively use the vulnerable adult's income and assets for the necessities for support and maintenance by caregiver or person in position of trust. 7. Permissive Presumption- Transfer in excess of $10,000, by a person 65 or older to a non-relative whom the victim has known less than 2 years before the first transfer creates the permissive presumption of exploitation.

9 What are the damages if someone commits civil theft?

10 What are the damages if someone commits civil theft? Civil Theft (1) Any person who proves by clear and convincing evidence has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney s fees and court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section.

11 What are the damages if someone commits civil theft (cont.) Punitive damages may not be awarded under this section. The defendant is entitled to recover reasonable attorney s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support. In awarding attorney s fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney s fees or costs provided under any other law. (2) For purposes of a cause of action arising under this section, the term property does not include the rights of a patient or a resident or a claim for a violation of such rights. (3) This section does not impose civil liability regarding the provision of health care, residential care, long-term care, or custodial care at a licensed facility or care provided by appropriately licensed personnel in any setting in which such personnel are authorized to practice.

12 What are the damages if someone commits civil theft (cont.) (4) The death of an elderly or disabled person does not cause the court to lose jurisdiction of any claim for relief for theft or exploitation when the victim of the theft or exploitation is an elderly or disabled person. (5) In a civil action under this section in which an elderly or disabled person is a party, the elderly or disabled person may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket. The motion may be filed and served with the civil complaint or at any time thereafter.

13 Under civil theft, how long does the defendant have to return the funds after the notice letter has been received?

14 Under civil theft, how long does the defendant have to return the funds after the notice letter Civil Theft has been received? If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand

15 The durable power of attorney document gives the attorney in fact permission to self-deal and to gift to himself. Principal is incapacitated. Attorney-in-fact gifts himself and his family a trip to Belize. The principal does not attend. Is this exploitation? And why or why not?

16 The durable power of attorney document gives the attorney in fact permission to self-deal and to gift to himself. Principal is incapacitated. Attorney-in-fact gifts himself and his family a trip to Belize. The principal does not attend. Is this exploitation? and why or why not? Answer: Fla. Stat (1)(c)(1)(d) acting contrary to the principal's SOLE benefit or best interest.

17 FUN TRIVIA!

18 Name 2 out of 4 temples of the original Inns of Court. What century of formation?

19 Name 2 out of 4 temples of the original Inns of Court. What century of formation? Inner temple 1388 Middle temple Gray's Inn Lincoln's Inn

20 Which Chief Justice of the US Supreme Court was involved with bringing the Inns of Court to the US? What year?

21 Which Chief Justice of the US Supreme Court was involved with bringing the Inns of Court to the US? What year? Warren E. Burger, Salt Lake City first Inn

22 On December 31, 2012, Jane, a 24-year-old second-year law student, met Frank, a 65-year-old retired lawyer, at her parent s New Year s party. Frank agreed to mentor her, and they began having dinner together each month. On December 10, 2014, Jane explained to Frank at dinner that she did not have the money to pay her tuition. Frank gave her a $20,000 check that evening, and she promised she would pay it back when she was able. She deposited the check in her account the next day. Frank is fully capacitated. In January 2015, Jane again asks for money, as her roommate had moved out and she now had to pay double her rent. For that reason, Frank began giving Jane $1,000/month. On occasion, Jane would take Frank to his doctor s appointments, and run errands for him. In April, 2015, Frank s son, George, was reviewing his father s bank statements, as he would often do with his father, and noticed the payments going to Jane from his father s account. He became alarmed, and confronted Jane. She indicated that she had every intention of paying Frank back. On leaving the apartment, George runs into an old friend, Jennifer, who had been Jane s former roommate. Jennifer explained that this is not the first time Jane has taken money from an older gentlemen to pay her bills. She had done the same thing in 2011 to a man known as Harry. Jennifer indicated that she had witnessed those loans and had heard two other friends talking about Jane s proclivity for spending a lot of time with older, wealthy men. Jennifer said she would be willing to testify against Jane in court and could provide the names of those other friends. George calls the police, and Jane is arrested on May 1, 2015.