A Breakdown of the Applicability of Florida Statutes §732.8031

Florida State has recently made several important changes to its law pertaining to the ability of persons convicted of elderly abuse to benefit from such abusive behavior. Under Florida Statutes §733.303, persons convicted of certain crimes against an elderly person or disabled adult may not serve as a representative of any estate in Florida. The crimes included under this law are abuse, neglect, aggravated manslaughter, and exploitation. In addition to §733.303, Florida Statutes §732.8031 also pertains to persons who abuse elderly people or disabled adults. This latter law prevents abusers from benefitting from their abuse by cutting them off from receiving certain assets or interests if the abused person passes away.

Florida States §732.8031 has two conditions which determine its applicability. In this post, we will take a look at these two conditions so we can understand clearly how this law operates in reality.

First Condition: A Conviction Creates a Rebuttable Presumption

The first condition is a conviction for abuse, neglect, exploitation or aggravated manslaughter. If there is such a conviction, this creates a rebuttable presumption that the statute applies. This means that, in theory, a person convicted of this offense could still avoid the application of the statute as long as that person could show that the offensive behavior played no role in the decedent’s death. However, in the majority of cases, we can conclude that the statute will likely apply.

Second Condition: Preponderance of the Evidence

The other condition which may trigger the statute is a preponderance of the evidence in cases involving abuse, but not a conviction. In this situation, the court will examine the relevant evidence and then make a determination as to whether a given person’s offensive behavior contributed to the death of a decedent, or caused the death of the decedent. If a judge determines that a person’s abusive behavior did in fact contribute toward or cause the death, then the statute will apply, and the offender will be prevented from benefitting from the misconduct.

Interests & Assets Covered by the Statute

If Florida Statutes §732.8031 applies because of one of the two aforementioned conditions, then how exactly is the offender barred from benefitting? The statute provides a list of specific interests and assets which the offender may not come to possess or benefit from. The list is as follows:

• Any benefits specified in a will
• Any other benefits listed under the probate law (such as intestate rights)
• Bonds, life insurance proceeds, or other similar contracts
• Real property or personal property which was held in a joint tenancy arrangement or tenancies by the entireties
• Property identified by a will to be inherited by or to benefit the perpetrator

As we can see, this Florida law covers a wide range of benefits and is designed to ensure that abusive behavior cannot be rewarded in any way. The only way that an abuser can benefit is when the victim survives and “ratifies” his or her intent to benefit the abuser. In other words, even if an abuser receives a conviction for the abusive behavior, if the victim declares that the abuser should still be eligible to receive benefits, then the impact of the statute can be nullified.

Contact the Denise Jomarron Legal group for More Information

In the next post, we may return to this subject and discuss the significance of another related Florida Statute -- §736.1104. If you’d like more information, contact the Denise Jomarron Legal Group by calling (305) 402-4494.

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