Injunction for Protection: Vulnerable Adults
A function of the Guardianship division of the Sumter County Clerk's Office is to audit and monitor the guardianship files active in Sumter County. We will do our very best to assist the public in any way that we can.
Who is a vulnerable adult?
- An adult with impaired ability to:
- Perform normal activities of daily living
- Provide for own care or protection
Impairment is due to any of the following: disability (mental, emotional, sensory, long-term physical or developmental), brain damage, or infirmities of aging
*Per section 415.102(28), Florida Statutes
What constitutes exploitation?
- Depriving the vulnerable adult of their funds or property
- Depriving the vulnerable adult with diminished capacity of funds or property
- Breach of fiduciary duty to the vulnerable adult
- Bank account misuse
- Failure to provide necessities
*Per section 825.103(1), Florida Statutes
Who may file a petition?
- A vulnerable adult in imminent danger of being exploited
- The guardian of a vulnerable adult who is in imminent danger of being exploited
- A person or organization acting with the consent of the vulnerable adult, or his or her guardian
- A person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult
Filing a petition:
If a guardianship is pending, the petition must be filed in that case; otherwise, it must be filed in the circuit where the vulnerable adult resides.
A person making false statements in a petition for an injunction against the exploitation of a vulnerable adult is subject to criminal penalties and perjury prosecution pursuant to section 837.02, Florida Statutes.
For more questions, please contact our office and ask for the Civil Department 352-569-6600.