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Neglect of the Elderly

By M. James Jenkins, Esq.

I recently resolved a case in Pensacola where my client had been charged under Florida Statute 825.102(3) with ?neglecting or abusing an elderly person,? a third degree felony, by failing to timely pay her mother?s nursing home bill. Although it took considerable research, depositions, dealing with a very antagonistic and hostile nursing home administrator and having a hearing before the felony court judge, we were able to get the case dismissed by filing a ?motion to dismiss? pursuant to Fla. R. Crim. P. 3.190(c)(4). My client?s Mother had lived with her until her mental health had decompensated to where her Mother could no longer be left alone. My client made the tough decision to admit her mother to a nursing home. She had signed a civil contract with the nursing home to cover costs of her Mother?s care if her mother did not meet the necessary costs of her being housed in the home...continue to full post

Full post as published by Florida Criminal Law Blog on March 07, 2009 (boomark / email).