When Compassion Becomes A Felony
By SyndicatedNews | SNN.BZ
Compassion Gone Wrong: When “Protecting” a Florida Senior by Taking His or Her ID Becomes a Felony. It happens frequently because people unfamiliar with the law, think that being named someone’s “Power of Attorney” entitles them to do anything they want. Some are now serving time.
In the sunny state of Florida, where over 20% of the population is 65 and older, protecting seniors is a top priority. But what happens when love and worry cross into unlawful territory? Consider this real-world scenario: A devoted relative, fearing for her senior relative’s safety amid Parkinson’s-related falls, visits the elder relative at the assisted living facility where she resides.
Out of pure compassion, the young relative removes the elder woman’s Social Security card, passport, Florida ID, and other identifying documents to “keep her safe” from wandering or mishaps.
The elderly lady, mentally sharp and never declared incompetent by any court, is now unable to prove her identity for banking, medical care, or even daily activities.
Sounds harmless, right? Wrong. In Florida, this act—done against the senior’s will—isn’t just overprotective elder care. It’s elder abuse, theft, and identity theft, all felonies with severe consequences.
Florida law treats adults 60 and older as a protected vulnerable class under Chapter 825, amplifying penalties to deter exploitation.
Why these actions are Felonies and not just a misdemeanor: The Key Statutes
Florida doesn’t mess around. Removing state- or federally issued ID from a competent senior without consent triggers multiple felony charges at a state and federal level. Here’s the breakdown of the felony-level laws (misdemeanors like low-value exploitation are off the table):
| Statute | Crime | Why It Applies Here | Penalty |
|---|---|---|---|
| § 817.5685 Unlawful Possession of Personal Identification Information | 3rd-Degree Felony | Taking and keeping the physical cards means unauthorized possession of PII (e.g., SSN from SS card, passport number, FL ID/DMV number). No need to use it—just possessing another’s PII without permission is enough. Multiple docs = multiple counts. | Up to 5 years prison, $5,000 fine per count. |
| § 812.0145 Theft from Persons 65 Years or Older | 3rd-Degree Felony (or higher based on “value”) | Stealing ID docs from a 65+ victim reclassifies the theft to felony status, even for low monetary value. Florida doubles down on seniors—any taking elevates it. | Up to 5 years prison, $5,000 fine; escalates to 2nd/1st-degree for higher “value” (e.g., replacement costs). |
| § 825.103 Exploitation of an Elderly Person or Disabled Adult | 2nd- or 3rd-Degree Felony ($300+ “value”) | Knowingly taking (“obtaining”) the senior’s property (IDs are assets) with intent to deprive her of its use/benefit (can’t ID herself). Compassion doesn’t negate intent if against the senior’s will. | – $10,000+: 2nd-degree (15 years max) – $300–$10k: 3rd-degree (5 years max) |
Stacked charges? Absolutely. Prosecutors often pile them on, leading to decades in prison potential. No court incompetence ruling? That seals it—she owns her stuff.
The Bigger Picture: Florida’s War on Elder Abuse
Florida’s sunshine hides a dark reality: 1 in 10 seniors faces abuse yearly, often by family.
Laws like these mandatory report to Adult Protective Services (1-800-96-ABUSE). Facilities must alert authorities; relatives do get arrested, prosecuted, and lose contact via protective orders (§825.1035).
Real fallout:
- Elderly Relative: Stranded without ID—can’t get meds, cash checks, or prove residency.
- Younger Relative: Felony record, jail time, fines, restitution for replacements.
- Family: Torn apart over “safety.”
The Right Way: Safety Without Crime
- Petition for guardianship (§744) if truly needed—court decides.
- Power of Attorney is meant to safekeep documents, not for seizure or hiding of documents.
- Therapy/walker at doctors urging – they want elder walking—mobility beats bedrest and adds to longevity.
- Talk to a lawyer or Elder Helpline (1-888-895-7873).
Bottom line: Good intentions don’t trump the law. In Florida, stealing your elder’s ID to “protect” him or her will land you in prison. Return it. Now. Consult an attorney—before the cuffs come out.
In this case, the incident has drawn attention from all the right people at every level. The younger relative assumed that, without any documents in place, she could “shop around” for a doctor who she planned to pay, to sign an order declaring the elder incompetent based on his or her medical opinion planning to use that medical diagnosis in order to have 100% control over her elder relative.
To protect herself, the elderly woman—during a recent two-day hospital stay—asked the caseworker to summon the hospital’s legal department. She wanted to revoke her current health representative. The legal team acted quickly, and she left the hospital with a new, superseding health representative in place.
Sources: Florida Bar Association, Florida Statutes (leg.state.fl.us), legal analyses.
