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What laws protect the elderly?

The House committee on population and family relations this week approved a substitute bill seeking to protect senior citizens from violence. House Bill 7030 or the “Anti-Elder Abuse Act” provides penalties for abuses committed against the elderly. The bill defines elderly abuse as a single or repeated, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to a senior citizen.

Such abuse includes any act or series of acts committed by any person against a senior citizen, within or without the family abode, which result or is likely to result in physical or psychological harm, suffering or distress, or neglect including threats of such acts, battery, physical assault, coercion or arbitrary deprivation of liberty.

These acts include physical violence, psychological or emotional, economic or domestic violence, and neglect or abandonment. Domestic violence refers to acts or threats of violence on a senior citizen committed by the current or former spouse of the victim; a person related by blood or marriage to the victim; a person who is cohabiting with or has cohabited with the victim; a person with whom the victim shares a child in common; a person who is or has been in the social relationship of a romantic or intimate nature with the victim; and a person similarly situated to a spouse of the victim or by any other person, if the domestic or family violence laws of the jurisdiction of the victim provide for legal protection of the victim.

An act of violence is committed against a senior citizen when there is physical abuse or infliction of pain or injury, physical harm, pain or impairment, suffering or distress; psychological, mental or emotional abuse causing mental or emotional suffering or distress; material exploitation through legal or improper use of funds or resources of the senior citizen and economic or financial abuse through acts that makes the senior citizen financially dependent; and sexual abuse or the non-consensual contact of any kind with the senior citizen.

Likewise, there is an act of violence against a senior citizen if there is neglect by refusal or failure to fulfill obligations or duties of a person who has fiduciary responsibility to provide care for the senior citizen, to include failure of a home service provider to provide necessary care, refusal to provide a senior citizen; and abandonment or desertion by leaving a senior citizen unattended at a place for such a considerable length of time, as may likely to endanger the health and welfare of a senior citizen, by an individual who has assumed responsibility for providing care for the senior citizen, or by a person with custody of the senior citizen.

The commission of said acts of violence against the elderly shall be considered an aggravating circumstance due to the vulnerability of a senior citizen. The following penalties shall be imposed: 1) Acts of violence constituting attempted, frustrated or consummated parricide or homicide shall be punished in accordance with the provisions of the Revised penal Code; 2) Acts of violence under this Act resulting in mutilation shall be punishable in accordance with the Revised Penal Code, provided that those resulting in serious physical injuries shall be punishable with the penalty of prision mayor; 3) Those resulting in less serious physical injuries shall be punishable by prision correccional and those resulting in slight injuries shall be punished by arresto mayor; and 4) And all other acts of violence under this bill shall be punishable by prision correccional and a fine of P100,000 to P300,000.

The committee is chaired by Laguna Rep. Sol Aragones. The bill is authored by Reps. Victor Yap, Wes Gatchalian, Magnolia Rosa Antonino, Rodel Batocabe, Alfredo Garbin, Jr., Christopher Co, Aragones, Karlo Alexei Nograles, Deputy Speaker Linabelle Ruth Vilalrica, Reps.

Ma. Lucille Nava, Raul Del Mar, Estrellita Suansing, Jose Antonio Sy-Alvarado, Lorna Silverio, Rozzano Rufino Biazon, Celso Lobregat, Rodrigo Abellanosa, Isagani Amatong, Wilfredo Caminero, Cheryl Deloso-Montalla, Evelina Escudero, Mark Go, Vittorio Marino, Joseph Steven Paduano, Rene Relampagos, Rogelio Neil Pepito Roque, Angelina Tan and Rossana Vergara.

/MVI Palomar

What are four types of elder abuse?

Get Legal Help for Different Types of Elder Abuse – Discovering that someone you love is the victim of abuse can be devastating, especially when they are harmed by someone they trusted. All forms of elder mistreatment and abuse deserve to be taken seriously and addressed quickly.

• Health care bills
• Mental health counseling
• Costs of moving a loved one to a safer place

Pursuing a lawsuit can also allow you to hold the abusers financially responsible for the harm they’ve caused. If your loved one has been abused or neglected, seek justice and compensation. Get your now to start the process. The 7 most common types of elderly abuse include physical abuse, neglect, emotional abuse, financial abuse, sexual abuse, self-neglect, and abandonment.

Any of these elder abuse types can be devastating to older people and their families. The Centers for Disease Control and Prevention (CDC) says that elder abuse is “an intentional act or failure to act that causes or creates a risk of harm to an older adult.” Under this definition, many actions (including physical violence, verbal threats, or a lack of care) could be considered types of elder abuse.

Don’t wait: if you think your loved one has suffered from any type of elder abuse,, We can help you get financial aid for your suffering.

1. Emotional abuse is the most common type of elder abuse, according to data from the World Health organization (WHO).
2. The WHO found that one out of three of nursing home residents or their families reported cases of emotional nursing home abuse.
3. Nearly one in three nursing home staff also admitted to emotionally abusing residents.

The many types of elder abuse can be prevented in different ways. For example, the CDC recommends checking in with older people — especially if other family members or loved ones may not live close by. Further, both the WHO and CDC recommend reporting possible cases of elder or nursing home abuse to senior justice hotlines.

WHO classifies as an elder?

Ageing, an inevitable process, is commonly measured by chronological age and, as a convention, a person aged 65 years or more is often referred to as ‘elderly’.

Can you defend yourself against an elder?

3.2. Self-defense – You are allowed to use reasonable and proportional physical force against anyone (even the elderly) if they attack you. As long as you were lawfully defending yourself (or someone else), then you committed no crime.

Is elder abuse a felony in NC?

If the disabled or elder adult suffers serious injury from the abuse, the caretaker is guilty of a Class F felony. If the disabled or elder adult suffers injury from the abuse, the caretaker is guilty of a Class H felony.

How old is an elder in Florida?

Violations involving senior citizen or handicapped person; civil penalties; presumption. (1) As used in this section: (a) ‘Senior citizen’ means a person who is 60 years of age or older.

What is an elder in California?

Recognizing and Reporting Elder Abuse – What is Elder Abuse? In California, elders are defined as persons 65 years and older. Under California law, elder abuse can be both civil and criminal. California Civil law The Welfare & Institutions Code § 15610 defines elder abuse as physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in harm, pain or mental suffering to an elder.

• It also means the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.
• Undue influence is also considered to be elder abuse.
• Abandonment: The desertion of an elder by someone who is a caregiver.
• Abduction: The removal, without the consent of the conservator, of a conservatee to another state.

Financial Abuse: The wrongful taking or use of an elder’s funds, property, or other assets. Isolation: The intentional prevention of an elder from receiving mail, telephone calls or visitors. Mental Suffering: The infliction of fear, agitation, or confusion through threats, harassment or other forms of intimidating behavior.

Neglect: A caregiver’s failure to assist in an elder’s personal hygiene, failure to provide food, clothing or shelter, or protect an elder from health and safety hazards. Physical Abuse: The infliction of physical pain or injury, sexual assault or molestation, or the use of physical or chemical restraints for punishment.

Undue Influence : Where an inequity occurs when a person uses excessive persuasion on an elder that overcomes an elder’s free well and causes an elder to act or refrain from acting in an appropriate manner. California Criminal law Under Penal Code § 368, elder abuse occurs when a person knows that victim is an elder then inflicts unjustifiable physical pain or mental suffering on the elder or willfully causes or permits that elder to suffer.

What to do when a parent cannot take care of themselves?

7. Explore available aging care options – Even after breaking down the steps, caring for your parent can be an overwhelming responsibility. Fortunately, there are many aging care options and helpful resources you can rely on.

Geriatric care managers – they can act as consultants to guide you or they can manage all aspects of caring for your parent. Their experience could save you time, money, and headaches down the road. In-home caregiving help – whether you hire privately or go through a home care agency, hired caregivers take care of seniors in their home. Assisted living communities – if your parent isn’t able to live on their own or needs 24/7 care, assisted living and other senior housing options might be the right choice. Geriatricians (geriatric doctors) – they specialize in caring for seniors and have more experience treating people with multiple chronic health conditions, dementia, and other conditions that primarily affect older adults Area Agency on Aging – this is the county-level government office that serves local seniors. It’s a great starting point because they connect you with helpful local resources and government programs,

Recommended for you:

This Guide Helps You Create a Caregiver Plan in 5 Steps 3 Ways to Deal with Family in Denial About Seniors Needing Help A Geriatric Care Manager Helps Seniors and Families Navigate the System

By DailyCaring Editorial Team Image: Senior Care Singapore A version of this article was originally published on Sixty and Me This article wasn’t sponsored and doesn’t contain affiliate links. For more information, see How We Make Money,

When an elderly parent refuses to move?

October 31, 2018 7 tips on navigating this challenging time with kindness and respect for all involved. As the population lives longer, more and more families are faced with questions on how to care for parents as they age. While some seniors may welcome the idea of downsizing to a smaller home or moving to a retirement community, others resist leaving the home where they may have resided for decades.

If a parent is suffering from chronic medical conditions which prevent them from adequately taking care of themselves, families must make difficult decisions. You may be wondering how best to care for an elderly parent who refuses to move, which is a compounded issue if you don’t live nearby, Here are a few tips on navigating this challenging time with kindness and respect for all involved.1.

Listen If you are in the difficult position of considering moving a parent out of their home, you are probably basing your decision on signs that they are not safe living alone. Maybe they forget to turn off the stove sometimes, fail to take their medication or fall.

While you may know in your heart that moving is the best idea, your parent may think otherwise. Many seniors get frightened at the prospect of leaving home, and resent being told what to do by their children. Before you make a unilateral decision, it is important to have an open and honest conversation with your relative.

Your mother or father may be afraid of issues (like cost) that you have not considered, and you may be able to alleviate their concerns. You may be able to address other factors that your parent did not think about: perhaps they would like to move closer to where you live for example, or someplace where the weather is warmer.

• Having an open conversation where your parent feels safe to express their fears can often help in dissolving their reluctance to consider other options.2.
• Check Out Your Options If your parent is mobile, you can take them to visit different living facilities.
• Visiting will allow them to see for themselves what it might be like to move out of the family home and into a place which can provide more care.

Seeing the rooms, trying the food and meeting staff may help change their minds if they are refusing to move. Many senior housing facilities offer online or video tours, or if you have family friends or other relatives who live in a senior facility, you can arrange a visit, or a telephone call so your parent can learn directly what the experience is like.3.

Explore Other Options Moving into senior housing is not the only alternative when mom or dad is having trouble taking care of their family home. In home medical services are a viable alternative for many families. This is not home health. Rather, a trained medical professional – such as a medical doctor, nurse practitioner or physician assistant – who brings care to your loved one through house call visits on a scheduled and urgent basis.

Beyond medical care, this in-home provider can help understand your parent’s wishes and goals and work with them, their primary care doctor, other specialists, and you to design a care plan that keeps everyone on the same page. If home health – someone who helps with activities of daily living – is needed, your in-home medical provider can often make that recommendation to the health plan to get those services into the home as well.4.

Keep Talking Maybe you went home for Christmas last year and raised the idea of moving to a smaller apartment to your mom. Maybe the conversation didn’t go so well. It’s always hard to talk about these subjects. Warning: it gets harder. At some point, you may need to talk about what happens if your relative’s mental faculties start to wane.

You may need to talk about the uncomfortable subjects of hospice care, DNRS, and advance care directives, It may not be easy, but it is always more difficult if you DON’T talk about these topics. You don’t want to be in the situation of needing to know your parent’s wishes about end of life and realize you failed to ask before it was too late.

If your parent was reluctant to talk about moving last year, raise the subject again this year. Maybe she realizes she now needs a little more help but is afraid to ask after previously refusing. Maybe she knows someone who moved and loves it. Keep the dialogue going, and you and your family will eventually find a solution that works for all of you.5.

Wait and Try Again As your parents age, their physical and medical needs will increase. Over time, it may be less difficult to convince them that going up and down stairs could be dangerous, or that cooking their own meals is getting too hard for them.

1. Your parent may have a different view on moving,
2. They may have had a network of friends and even a spouse on whom they could rely.
3. Over time, some seniors see this kind of support network slip away and the appeal of staying at home can start to become a lonely burden if a senior is increasingly isolated.

If you were wondering what to do when an elderly parent refuses to move, try waiting a few months or even a year and asking again. They may realize over the course of time that they need more help after all.6. Get Outside Help No parent likes to be told what to do by their child.

They told you what to do your whole life! The role reversal can be difficult for everyone involved. If your parent is showing signs of dementia or another infirmity, solicit the assistance of a family doctor or maybe a social worker. Sometimes it is easier to get professional advice from someone who is not your blood relative.

They may be able to instruct on next steps and get your parent to listen where you were not successful.7. Take Your Time and Proceed with Love If you are wondering what to do when an elderly parent refuses to move, you are not alone. Because so many people are asking the same questions, luckily help is available.

Many articles and checklists abound online. A powerful caregiver perspective on this topic is the book Holding the Net: Caring for My Mother on the Tightrope of Aging by Melanie P. Merriman. If you are interested in learning more about in-home medical care, and want to see if your loved one qualifies, visit our website,

If your loved one does not have access to in-home medical care, ask their health plan for that option! The information provided herein is intended for your general knowledge only and is not a substitute for professional medical advice or treatment for specific medical conditions.

What is considered a unstable parent in Florida?

What Does it Mean to Be an Unfit Parent in Florida? – Florida Statute §751.05 states that the court must find that a parent has abandoned, abused, or neglected a child to find that a parent is unfit. A parent may also be found unfit if the parent has a mental illness or substance abuse problem.

At what age is a parent not legally responsible in Florida?

A Personal Injury Lawyer in Crestview on Exceptions to Driving and Vandalism Offenses – We noted in the beginning that Parental Responsibility Laws cover minors who cause injuries while driving. Based on a 1985 case, the Florida Supreme Court identified four additional instances in which the law holds parents responsible for injuries caused by their children. These are when:

The parent has given the child something that could cause danger to others based on the minor’s youth and lack of judgment or experience. For example, if the child was given access to a weapon and they took it to the playground and hurt someone, the parent can be held liable. The child was acting on the parent’s behalf. The parent directed the child to do wrong or consented to their wrongdoing. The parent or guardian was aware that the child could cause injury but they failed to prevent their misconduct. For example, if the parent knows their child always texts and drives and the minor hits a pedestrian or another car, the adult could be held liable.

Am I obligated to help my parents?

Can I be forced to care for my elderly parents? – In the U.S., requiring that children care for their elderly parents is a state-by-state issue. Some states mandate that financially able children support impoverished parents or just specific healthcare needs.

What is the purpose of an elder lawyer?

While most lawyers in specialized fields focus on a distinct area of the law, an elder law attorney is focused on serving the distinct needs of a specific client. Elder law attorneys provide counsel for the unique requirements of older clients and their loved ones.

They serve as advocates for the rights of seniors, and assist in navigating the federal, state, and local laws, rules, and regulations. They must be cognizant of the entirety of available assistance, both government and private, and knowledgeable of any laws that pertain to the civil rights and well-being of seniors.

An elder law attorney is not to be confused with an estate planning lawyer even though the two interests often overlap. Estate planning primarily concentrates on the distribution of assets after death, while Elder law targets the preservation of assets for personal benefit and care while the person is living.

Most often, elder law attorneys are also accomplished at estate planning. A reputable elder law attorney will assess and protect a client’s legal and financial situation, both present and future. Elder law covers an extensive range of legal and financial matters that affect senior citizens and disabled people.

The laws that govern the elderly are complex, vary from state to state, and are frequently subject to change. It is vitally important to choose a skilled attorney who stays acquainted with the ever-changing legal landscape. There are complicated questions associated with the lives of older adults, and the answers will be different for each unique individual.

The preservation and transfer of assetsMedicare & Medicaid compliance, claims & appealsDisability & Social Security benefits, claims & appealsSupplemental health & long-term care insuranceMedicare & Medicaid claims & appealsNursing Home / Long-Term CareRetirement plans & benefitsEmployment & housing DiscriminationElder Abuse & fraudGrandparent’s visitation rightsGuardianship & ConservatorshipLong term planning, documentation & advance directives including, Power of Attorney, Healthcare Power of Attorney, Last Will and Testament, Living Will, etc.

Hiring an Elder Law attorney can save you considerable amounts of precious time, thousands of dollars, and help avoid exposure to legal jeopardy. Perhaps most importantly, a skillful attorney will alleviate worry and contribute to your overall peace of mind.

Are seniors protected in Florida?

We live in one of the most popular retirement states in our nation. The Baby Boomers have reached retirement age and the “great wealth transfer” has begun. According to a study from consulting firm Accenture, when this transfer is complete, some $30 trillion (yes, with a t) will be transferred from one generation to the next.

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We live in one of the most popular retirement states in our nation. The Baby Boomers have reached retirement age and the “great wealth transfer” has begun. According to a study from consulting firm Accenture, when this transfer is complete, some $30 trillion (yes, with a t) will be transferred from one generation to the next. With aging comes physical and mental impairment. According to the Alzheimer’s Association, there are approximately five million Americans who have some type of dementia. A person with mild dementia may be impaired but not to the degree they would be considered legally incompetent.

We all know friends and family that, due to mild physical or mental infirmities, are susceptible to being taken advantage of financially, either through intentional acts of fraud by salespersons, a breach of trust (fiduciary duty) by caregivers or trustees, or acts of undue influence by neighbors, friends or even family members.

Even if a senior is competent, they can still be susceptible to exploitation. Fortunately, they have the protection of Florida law. Florida has enacted an Elder Exploitation statute. Florida Statute section 415.1111 gives “vulnerable adults” a civil cause of action for damages, punitive damages and attorney fees and costs when they have been financially exploited.

1. There are also criminal penalties that the State can pursue, although these penalties will not be discussed here.) Under the law, a “vulnerable adult” is anyone older than 18 years who, due to mental, emotional or infirmities of aging, cannot provide for his or her own care or protection.
2. Exploitation” means a person of trust and confidence who knowingly, by “deception or intimidation,” permanently deprives the vulnerable adult of money or property.

The statute covers a broad range of conduct that could result in exploitation. Basically, if an elderly person is dependent upon you, relying upon you for advice or care, or you are serving in any other fiduciary role for a person suffering from the infirmities of aging, and you take money or property from them through “deception or intimidation,” you have committed elder abuse.

• The statute does not make exceptions for relatives.
• As a result, a son or daughter who obtains money from mom or dad by lying or acts of undue influence that rises to the level of intimidation, violates the statute.
• In order to bring an action under the statute, the vulnerable person, or the vulnerable person’s guardian (or if the vulnerable adult has passed, his or her personal representative) must bring the action.

Practically speaking, the requirement that the vulnerable adult or his or her legal representative bring the action against the exploiter can limit the effectiveness of the statute. Often, it is the very person who is exploiting the vulnerable adult who has the person isolated from family and friends.

• The exploiter is often the vulnerable adult’s power of attorney.
• If the vulnerable adult is isolated and cut off from family or friends, access to the vulnerable adult away from the suspected exploiter is difficult, if not impossible.
• Remember, a “vulnerable adult” is not necessarily a person who is legally incompetent.

If the person is incompetent, then any interested person can swear to such facts under oath and file a guardianship action to force the person to be examined. In Florida, a guardianship court appoints a three member panel, including at least one doctor, that examines the alleged incompetent person and reports to the court whether the individual is indeed incapacitated, in whole or in part.

If the court determines the alleged incapacitated adult is in fact incapacitated, then a guardian is appointed unless there are other reasons why one is not required. However, if the vulnerable adult is not known or believed to be incompetent, the options for a concerned family member or friend are limited.

Under section 415, the vulnerable adult or his or her guardian may sue the alleged exploiter for elder abuse. “Guardian” is defined as not only a court appointed guardian, but also a health care surrogate, or “pre-need” guardian (an instrument that a person signs to state who he or she wishes to act as their guardian in the event of incapacity).

• The vulnerable adult’s power of attorney can also bring the action on behalf of the vulnerable adult.
• Unfortunately, there is a “flaw” in the statute.
• Often, the person believed to be the exploiter holds a position of fiduciary authority for the vulnerable adult.
• For instance, it would not be unusual for the exploiter to be the vulnerable adult’s health care surrogate, or pre-need guardian.

In these cases, the fox is guarding the hen house and there is little a concerned family member or friend can do to save the vulnerable adult from the exploiter. Under the statute, only a few persons beside the vulnerable adult have legal “standing” to sue for the vulnerable adult.

However, the statute may contain the preverbal Achilles’ heel for an exploiter. A very common but powerful instrument in estate planning is the durable power of attorney and this instrument can be irresistible for an exploiter. Florida recently overhauled the laws governing powers of attorney that makes the attorney in fact (also known as an agent) more accountable.

Under Florida’s new Power of Attorney Act, section 709.2116(1), a court may review any act of a power of attorney, and may remove the agent or grant any other appropriate relief if the court finds that the agent breached his or her fiduciary duty. Furthermore, the statute provides for a wide range of persons who may petition the court to review the acts of an agent, including the guardian, trustee, and in some cases the health care surrogate, and most importantly “any other interested person if the person demonstrates to the court’s satisfaction that the person is interested in the welfare of the principal and has a good faith belief that the court’s intervention is necessary.” If the exploiter has a power of attorney for the vulnerable adult, the power of attorney statute gives standing to others for the purpose of taking action against the exploiter.

• If you are a close friend or family member, you likely could go to court and show “standing” inasmuch as you are interested in the welfare of the principal and that you have a good faith belief that court intervention is needed.
• However, a “good faith” belief needs to be more than just a guess.
• It is likely going to require you swear under oath to certain facts that show the actions of the principal are not consistent with his or her normal actions, or the exploiter has taken actions to isolate the vulnerable adult from family and friends, to the point the vulnerable adult’s true status cannot be determined.

If you believe someone is being exploited, take action immediately. If you are not a close family member or friend, contact someone who is. Under Florida law, there is a legal obligation to report anyone who is exploiting a vulnerable adult to the Department of Children and Families.

The hot line number is 1-800-962-2873. If you are a family member and believe your loved one is being exploited, take action immediately with competent legal counsel to review your options. Sometimes, family members wait too long and the exploiter is able to drain the vulnerable adult’s bank accounts and waste other resources.

This is most often true when the exploiter is another family member. If the exploiter is not quickly stopped, the result can be devastating. The money is gone forever, and/or the cost of recovering the money is economically unfeasible. If action is taken as soon as exploitation is discovered, there are many remedies a court can impose to recover the money or property taken.

1. If the money taken from the elder can be traced to property bought with such funds, such as real estate, a “constructive trust” can be imposed.
2. A constructive trust is a legal remedy the law imposes on property that is bought with funds from the victim whereby the property is essentially being held “in trust” by the wrongdoer for the victim.

Other remedies include filing a lis pendens, which is essentially placing a lien on real property taken from the vulnerable adult, as well as the remedy of rescission or the unwinding of a transaction where fraud was involved in causing the transaction to take place.

• Ultimately, a judgment will be rendered against the wrongful person which will allow collection efforts to begin.
• Common collection remedies include garnishment of bank accounts, foreclosure of real property to pay a judgment, and writs of execution on personal property.
• Florida is a wonderful place for retirement.

Fun, sun and waves, this state has it all. Unfortunately, there are those in society that will prey on unsuspecting vulnerable adults. Sadly, such persons are not limited to strangers. Often, and more likely, the exploiter will be a friend, caregiver, fiduciary or family members.

If you suspect a loved one is being exploited, take action immediately by contacting an attorney to determine the best course of action. For more information: Contact Alexander Douglas, Esquire Shuffield Lowman [email protected] Phone: (407) 581-9800 http://www.cnbc.com/2014/07/22/great-wealth-transfer-will-be-30-trillionyes-thats-trillion-with-a-t.html by Cam Marston No headings were found on this page.

The Law Offices of Hoyt & Bryan are committed to educating the community on the basics of Estate and Medicaid planning. We recommend our clients attend an educational workshop prior to scheduling an appointment to better prepare them for a consultation; however, attending a workshop is optional. Advice you can trust, from people you like. The Law Offices of Hoyt & Bryan is Central Florida’s leading estate planning and elder law firm and the only Florida law firm with two attorneys board certified in both Wills, Trusts and Estates as well as in Elder Law.

What is exploitation of the elderly in Florida?

Under F.S.§415.1111, ‘exploitation’ of the elderly occurs when a person stands in a position of trust and confidence with a vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult’s funds, assets, or property with the intent to deprive a