Financial Exploitation of

Diminished Capacity Adults:

Recognition, Prevention
and Reporting
Marcie L. Foster, J.D.
Certified Financial Social Work Counselor
Diminished Capacity
Inability to:
• Understand information
• Remember information long enough to use in
decision making
• Consider multiple and/or long term factors in decision
making
• Effectively communicate, and maintain a position,
after making a decision
 Financial Capacity
Financial Capacity refers to the combination of knowledge, skills, understanding, communication and self efficacy to
make and keep financial decisions that best fit a persons current circumstances, future planning, and self interests.
A 2012 study outlined 9 areas of financial capacity from basic to complex:

Basic Financial Bank Estate Investment

Cash Checkbook Financial
monetary conceptual statement Bill Payment planning, decision
transactions management judgment
skills knowledge management trusts, & wills making
Different • Lack of capacity due to cognitive loss or failure

levels and • Lack of understanding, knowledge or skills

about technology

types of • Inability to differentiate sincerity or

truthfulness
diminished • Lack of decision-making abilities

capacity • Inability to long term plan

• Susceptible to undue influences or ambiguous
across age social situations
• Inability to adequately grasp implications or
spectrum risk vs rewards
Charity Scams:
Scammers pretend to be
supporting a person,
family or organization.
Diminished capacity adults are at
high risk if they don’t or can’t:
• Verify the person is from a legit
source
• Resist the high pressure tactics
• Refuse to give cash
Sweepstakes
or Prize Winner
Scams
Diminished capacity adults are at
high risk if they:
o Easily believe the unbelievable
o Unable to remember entering
the contest or buying a ticket
o Easily believes anyone that
sounds authoritative
o Easily pressured into revealing
information such as card #’s
Phishing: the fraudulent practice of sending
emails purporting to be from reputable
companies in order to induce individuals to Those at risk are diminished capacity adults that have a
low understanding of technology or are unable to
reveal personal information, such as passwords recognize when something seems off with a message.
and credit card numbers.
"an email that is likely a phishing scam"
IRS Imposter scams:
Tax Collection- phone call claiming you owe money
Diminished capacity adults who accept a claim to authority easily or are
easily intimidated are at high risk for the tax collection calls. Usually
these calls come from someone pretending to be at the IRS and
demanding immediate payment by card or wire transfer. May even use
the threat of arrest.
Verification- email or text asking you to verify personal
information
Adults with a low understanding of technology or who are overly
trusting are at a high risk for the verification scam.
 Seniors make two times
as many purchases over
the phone as the
national average.

Diminished capacity adults can run

into two problems with
telemarketers:
1. Scams
2. Being talked into items they do
not need and/or can not afford.
 Calls no longer appear as a telemarketer
“Spoofing” or unknown and may actually appear as a
number you know.
Unsolicited Home Repair
o Usually a team of 2 or 3 going door to door
o Claim they have “spotted” an urgent issue that needs immediate
repair
o Do some sort of unlicensed “repair”
o Will only accept payment in cash and usually wants it up front
Annuity Scams
Twisting: An unscrupulous agent convinces a
senior to exchange an annuity from one
company to an annuity from another
company. The senior ends up paying high
surrender charges and is often left with a
worthless product. The agent gets a big
commission on the sale.
Churning: A dishonest agent offers an annuity
policy that is supposedly better than the one
the senior owns. The senior ends up paying
more for no extra value, while the agent
collects a big commission
Other “legal papers” scams
o Power of Attorney
o Reverse Mortgages
o Changing Beneficiaries
o Changing signors on accounts
o Changing Wills or Trusts
Signs of Abuse
o Unpaid bills that they should have the means to pay
o Appearance of bills that are unusual or that they do not recognize
o Confusion about recent finances
o Unexplained and/or out of character transfers of assets or use of a ATM card when they have not
previously had one
o Sudden appearance of new “best friends” or suddenly giving “gifts”
o Lack of mail such as statements or mail in general seems to be missing
o Items missing or “lost”
o Suspicious signatures
o Caretaker, relative, or friend suddenly starts conducting financial transactions and does not have
proper documentation
o Caregiver does not want to leave adult alone with others or cuts in and answers questions for the
adult
o Sudden changes in important documents such as Powers of Attorney
o Changes in the lifestyle of the caregiver
o Someone that seems overly invested in the possessions or spending of the adult
 Plan ahead: have an all over financial plan and an estate
plan

Have a Power of Attorney with checks and balances and a

best interest clause

Steps for the Be aware of scams and be overly cautious- never give out
information over the phone or computer. Use the Do Not

Adult Call list and opt out of solicitations whenever possible.

Review all of your financial documents and have trusted

advisors- attorney, tax advisor, financial advisor ect.

Lock up checkbooks, statements and other sensitive

information
 Can be extremely helpful, but can also give
someone an opening to exploit an adult with
diminished capacity

Power of The person giving the Power of Attorney must

be competent to do so, therefore this is

Attorney
something you should do before or at the first
signs of dementia or other issues

POA’s can be drafted with more than one agent

for a check and balance, with 3rd party
accounting, limits and definition of gifting
power, best interest clauses, power to revoke,
and limits to authority.
  Encourage pre-planning and discussion of issues. Sudden avoidance
of discussion can signal a problem.
 Consider having the person use a credit card instead of a debit card

Steps for  Consider having online access on accounts so that limits and alerts
can be set

those  Consider using CreditKarma, CreditSesame or something similar with

alerts

assisting
 Use checks with a carbon duplicate
 If you are the Power of Attorney keep an original in a safe place

the adult  Streamline finances so there is less to keep up with

 Drop by often and notice if there are things missing or an unusual
amount of mail
 Require references and a background check for anyone hired to help
the adult
I know an adult
that has been
exploited….
Now what?
Protecting Alabama’s Elders Act
§13A-6-190 through 201
§13A-6-191(1): CAREGIVER. An individual who has the responsibility for the care of an
elderly person as a result of family relationship or who has assumed the responsibility
for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of
the ties of friendship.
§13A-6-191(3): ELDERLY PERSON. A person 60 years of age or older
§13A-6-191(5): FINANCIAL EXPLOITATION. The use of deception, intimidation, undue
influence, force, or threat of force to obtain or exert unauthorized control over an
elderly person's property with the intent to deprive the elderly person of his or her
property or the breach of a fiduciary duty to an elderly person by the person's
guardian, conservator, or agent under a power of attorney which results in an
unauthorized appropriation, sale, or transfer of the elderly person's property.
Protecting Alabama’s Elders Act
§13A-6-190 through 201
§13A-6-195: Financial exploitation of an elderly person - First degree. Value of
property is more than $2,500- Class B Felony
§13A-6-196: Financial exploitation of an elderly person - Second degree. Value of
property is $500 to $2,499- Class C Felony
§13A-6-197: Financial exploitation of an elderly person - Third degree. Value of the
property is less than $500- Class A Misdemeanor
§13A-6-198: Statute of limitations is 7 years
§13A-6-199: Reporters have civil immunity unless acting in bad faith or with a
malicious purpose.
Adult Protective Services Act
§38-9-1 though 11
§38-9-2(18): PROTECTED PERSON. Any person over 18 years of age subject to
protection under this chapter or any person, including, but not limited to, persons
with a neurodegenerative disease, persons with intellectual disabilities and
developmental disabilities, or any person over 18 years of age that is mentally or
physically incapable of adequately caring for himself or herself and his or her interests
without serious consequences to himself or herself or others.
The APS Act of 1976 specifically addresses abuse, neglect and exploitation of adults
who are incapable of protecting themselves and who have no one willing or able to
protect them. The responsibilities of the Alabama Department of Human Resources,
law enforcement authorities, caregivers, individuals, and agencies in reporting and
investigating these cases are outlined in the APS Act of 1976. Under this Act, DHR
must receive and investigate reports of suspected abuse, neglect or exploitation. DHR
must also arrange services, petition in an emergency situation and report to court.
This law also permits DHR to arrange the necessary services to protect this vulnerable
population of adults.
(http://dhr.alabama.gov/services/Adult_Protective_Services/Overview_Legal_Authority.aspx )
Protection of Vulnerable Adults from Financial
Exploitation Act
§8-6-170 though 179
§8-6-171(10): VULNERABLE ADULT. Any person 65 years of age or old or §38-9-2(18)
The Protection of Vulnerable Adults from Financial Exploitation act mandates
reporting to the Alabama Securities Commission and the Alabama Department of
Human Resources by “qualified individuals” (agents, investment adviser
representatives, and persons who serve in a supervisory, compliance, legal, or
member capacity of a broker-dealer or investment adviser) who reasonably believe
that financial exploitation of a vulnerable adult may have occurred, been attempted,
or is being attempted.
Make a report to law enforcement
Elder Abuse Protection Order
Elder Abuse Protection Order & Enforcement Act
§38-9F

§38-9F-2 Construction and application; purposes.

This chapter shall be liberally construed and applied to promote all of the following
purposes:
(1) To maximize protection of victims of elder abuse.
(2) To create a flexible and expeditious method of obtaining a protection order against
an individual who has committed elder abuse.
(3) To expand the ability of law enforcement officers to assist victims, to enforce the
law effectively in cases of elder abuse, and to prevent further incidents of abuse.
Elder Abuse Protection Order & Enforcement Act
§38-9F
§38-9F-4 Issuance of elder abuse protection orders.
(a) The following courts shall have jurisdiction to issue elder abuse protection orders under this chapter:
(1) Circuit courts.
(2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1.
(3) A district court judge designated by a written standing order from the presiding circuit court judge.
(b) An elder abuse protection order may be requested in any pending civil or domestic relations action, as an
independent civil action, or in connection with the preliminary, final, or post-judgment relief in a civil action.
(c) A petition for an elder abuse protection order may be filed in any of the following locations:
(1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence to avoid further abuse.
(3) Where the abuse occurred.
(d) There is no minimum period of residence for the plaintiff in the State of Alabama or in the county in which a case is
filed.
(e) An elder abuse protection order shall be a status order that is specifically designed to protect the elderly person, and
in personam jurisdiction over the defendant shall not be required in order to issue an
ex parte or final order under this chapter.
Elder Abuse Protection Order & Enforcement Act
§38-9F
§38-9F-7 Hearing; temporary ex parte protection orders.
(a) The court shall hold a hearing after the filing of a petition under this chapter upon the
request of the defendant or within 10 days of the perfection of service. A final hearing shall
be set at which the standard of proof shall be a preponderance of the evidence. If the
defendant has not been served, a final hearing may be continued to allow for service to be
perfected.
(b) The court may enter such temporary ex parte protection orders as it deems necessary to
protect the plaintiff from abuse. The court shall grant or deny a petition for a temporary ex
parte protection order filed under this chapter within three business days of the filing of the
petition. Any granted temporary ex parte protection order shall be effective until the final
hearing date.
(c) If a final hearing under subsection (a) is continued, the court may make or extend
temporary ex parte protection orders under subsection (b) as it deems reasonably necessary.
Elder Abuse Protection Order & Enforcement Act
§38-9F
§38-9F-8 Ex parte relief.
(a) If it appears from a petition for an elder abuse protection order or a petition to
modify an elder abuse protection order that elder abuse has occurred or a
modification is warranted, the court may do either of the following:
(1) Without notice or hearing, immediately issue an ex parte elder abuse protection
order or modify an ex parte elder abuse protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue
an elder abuse protection order or modify an elder abuse protection order after a
hearing whether or not the defendant appears.
Elder Abuse Protection Order & Enforcement Act
§38-9F
§38-9F-8 Ex parte relief.
(b) Based upon a risk of imminent potential harm to the plaintiff, a court may grant one or more of the following exparte forms of relief without prior notice to the
defendant or a hearing:
(1) Enjoin the defendant from threatening to commit or committing acts of elder abuse against the plaintiff and any other ind ividual designated by the court.
(2) Restrain and enjoin the defendant from harassing, stalking, annoying, telephoning, contacting, or otherwise communicating, either directly or indirectly, with
the plaintiff or threatening or engaging in conduct that would place the plaintiff or any other individual designated by the court in reasonable fear of bodily injury.
(3) Order the defendant to stay away from the plaintiff's residence, place of employment, or any specified place frequented by the plaintiff that the defendant has
no legitimate reason to frequent.
(4) Remove and exclude the defendant from the residence of the plaintiff, regardless of ownership of the residence.
(5) Order possession and use of an automobile or other essential personal effects, regardless of ownership, and direct the appropriate law enforcement officer to
accompany the plaintiff to the residence of the plaintiff or other specified locations as necessary to protect the plaintiff from abuse.
(6) Prohibit the defendant from transferring, concealing, encumbering, or otherwise disposing of specified property mutually owned or leased by
the parties or in which the plaintiff had an ownership interest within the last 12 months.
(7) Prohibit the defendant from transferring the funds, benefits, property, resources, belongings, or assets of the plaintiff to any person other than
the plaintiff.
(8) Direct the defendant to refrain from exercising control over the funds, benefits, property, resources, belongings, or assets of the plaintiff.
(9) Require the defendant to provide an accounting of the disposition of the plaintiff's income and other resources, and of the plaintiff's debts and
expenses.
(10) Restrain the defendant from exercising any powers the defendant has been granted as the plaintiff's agent under power of attorney.
(11) Require the defendant to comply with the instructions of the plaintiff's guardian, conservator, or agent under power of attorney.
(12) Order other relief as it deems necessary to provide for the safety and welfare of the plaintiff and any individual desig nated by the court.
Elder Abuse Protection Order & Enforcement Act
§38-9F
§38-9F-8 Ex parte relief.
(c) The court may grant one or more of the following forms of relief in a final order after notice and
hearing:
(1) Grant the relief available in subsection (b).
(2) Require the defendant to return custody or control of the funds, benefits, property, resources,
belongings, or assets to the plaintiff.
(3) Order restitution.
(4) Prohibit the defendant from possessing a firearm or other weapon specified by the court, except
when the weapon is necessary for employment as a law enforcement officer or military personnel.
(5) Order the defendant to pay attorneys' fees and court costs.
(d) Any temporary ex parte protection order issued pursuant to this chapter shall remain in effect until
the final order is entered.
(e) Any final elder abuse protection order shall be of permanent duration unless otherwise specified by
the court.
(f) An elder abuse protection order may not affect in any manner title to real property.
Elder Abuse Protection Order & Enforcement Act
§38-9F
§38-9F-9 Parties to be issued copies of elder abuse protection order; form of orders.
(a) A copy of an elder abuse protection order shall be issued to the plaintiff, the
defendant, and the law enforcement officials with jurisdiction to enforce the
protection order.
(b) If the defendant is appointed as the plaintiff's guardian or conservator, a copy of
any protection order shall be issued to the court that made the appointment.
(c) Ex parte and final elder abuse protection orders shall be in a format as provided by
the Administrative Office of Courts. If a court wishes to provide additional information
in these standardized court orders, the court may attach additional pages containing
this additional information.
If the person is living
in a long term care
facility call the
Ombudsman
1-800-AGE-LINE
1-800-243-5463
Consumer
Interest
Division
Consumer Hotline:
1-800-392-5658
Identity
Theft
Visit
www.identitytheft.gov
or call
1-877-438-4338
Place a fraud alert on your credit report by calling one of the
three bureaus:
Experian: 888-EXPERIAN (888-397-3742)
TransUnion: 888-909-8872
Equifax: 800-685-1111
If you are not already monitoring credit
reports get your annual free report at
annualcreditreport.com
or 877-322-8228
Bulk order
materials:

https://www.bulkorder.ftc.gov/
“Pass it on” Campaign
Scams
Privacy & Identity
Bulk order
materials:

https://pueblo.gpo.gov/CFPBP
ubs/CFPBPubs.php
“Consumer Financial Protection
Bureau”
Money Smarts for Older Adults
Placemats
 www.consumerfinance.gov
https://www.eastalabamaaging.org/
http://www.alabamaageline.gov/
Resources http://dhr.alabama.gov/services/Adult_Protective_S
ervices/Adult_Protective_Services.aspx

http://eforms.alacourt.gov/default.aspx
Contact
information:
5635 Weiss Lake Blvd.
Leesburg, AL 35983
(256)526-4000
Marcie@FosterLawOffice.org

FosterLawOffice.org
facebook.com/LawyerMarcie
State of Alabama
Unified Judicial System Court Case Number
PETITION FOR ELDER ABUSE
Form C-90 PROTECTION ORDER
(Page 1 of 4) 8/17

IN THE CIRCUIT COURT OF COUNTY, ALABAMA

(Name of County)

v.
[Name of Plaintiff (victim)] [Name of Defendant (person to be restrained)]

__________________________________ _ ____________________________ __________________________________________________________

(Name of Plaintiff filing on behalf of victim) (Name of Victim) [Defendant’s Address (Business or Home)]

_________________________________________________ __________________________________________________________________________
(Defendant’s Social Security Number) (City) (State) (Zip Code)

_________________________________________________
(Defendant's Date of Birth)

YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO NOT, THE COURT MAY DISMISS THIS CASE, AND
YOU MAY BE SUBJECT TO BEING CHARGED WITH PERJURY FOR KNOWINGLY PROVIDING FALSE INFORMATION.

I. ELIGIBLE PLAINTIFFS:
(Note: The word, “Plaintiff,” as used in this form, describes the victim and/or the person filing on behalf of the victim):
I am 60 years of age or older and am in need of protection from elder abuse.

OR

I am filing on behalf of a person 60 years of age or older, who is need of protection from elder abuse and lacks the physical or mental capacity to seek
protection for himself or herself, and I am the person’s (check all that apply): court appointed guardian (include copy of the court order of appointment);
court appointed conservator (include copy of the court order of appointment); court appointed temporary guardian (include copy of the court order of
appointment); agent, co-agent, or successor agent appointed under the plaintiff’s validly executed power of attorney who acts within the authority of the power of
attorney (include copy of the power of attorney); health care proxy appointed under the plaintiff’s validly executed Advance Directive for Health Care or similar
document (include document); an interested person who has the authority to petition for protective placement or other protective services under Section 38-9-6,
Ala. Code 1975.
I state that the following is true and correct:

The Plaintiff is a resident of County/Parish in the State of .

(Name of County/Parish) (Name of State)

Are there any criminal charges against the Defendant because of abuse to the Plaintiff? YES NO
If YES, the charges were brought in County/Parish, __________.
(Name of County/Parish) (Name of State)

(Note: If there are more civil or other cases with the Defendant or more criminal charges against the Defendant, please attach additional
8” x 11” sheets of paper, if necessary, stating the case number(s), County(ies)/Parish(es), and States(s) in which these cases are being
handled).

(Check one or more of the following boxes if the statement(s) apply/applies to the Plaintiff):

The Plaintiff left his or her residence to avoid further abuse or threat of abuse, and the Plaintiff is temporarily located in
County, Alabama. (Name of County)

The Defendant lives in County/Parish,

(Name of County/Parish) (Name of State)
The elder abuse occurred in County, Alabama.
(Name of County)

I am requesting an elder abuse protection order; a change in a current protection order; an emergency order; a change in an emergency order.

Sections 38-9F-1 to 38-9F-12, Ala. Code 1975

Original - Court Record Copy - Law Enforcement Copy - Plaintiff Copy - Defendant
 State of Alabama Court Case Number
Unified Judicial System PETITION FOR ELDER ABUSE
Form C-90
(Page 2 of 4) 8/17
PROTECTION ORDER

II. To Get a Protection Order, the Defendant Must Have Done One or More of the Following (Check all that apply):
Threatened to confine the Plaintiff
Made the Plaintiff afraid that the Plaintiff would be seriously injured Injured the Plaintiff
Made the Plaintiff have sex by force or threat of force Used force to exert control over the Plaintiff’s property
Kidnapped the Plaintiff Threatened to injure/hurt the Plaintiff
Trespassed on the Plaintiff’s property Stalked the Plaintiff
Tortured or willfully abused the Plaintiff Set fire to the Plaintiff's house
Stole from the Plaintiff Restrained the Plaintiff
Recklessly engaged in conduct which risked serious injury to the Plaintiff Took away or deprived the Plaintiff of food, clothing or shelter
Inflicted emotional or mental anguish on the Plaintiff
Prevented Plaintiff from receiving mental or physical health care Other (please specify): _____________________________________

III. Explain the Abuse That Has Happened Below (If Applicable) (Begin With the Most Recent Act. You May Add Additional 8” x
11” Sheets of Paper, If Necessary):
Date and place where the elder abuse occurred: _____________________________________________________________________________________________________.

Describe how the Defendant hurt or threatened the Plaintiff or how the Plaintiff is in imminent danger of becoming a victim:

_______________________________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________________________.

Describe how the Defendant stole from the Plaintiff: ______________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________.

I genuinely fear the Defendant will cause further abuse because: ______________________________________________________________________________________

_________________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________.

IV. Legal Information (Check all that apply):

There is a current restraining or protection order against the Defendant:

YES; I don’t know; NO. If YES, the County and State where it was issued: County, (State).
(Name of County) (Name of State)

The Defendant has a current restraining or protection order against the Plaintiff:

YES; No. If YES, the County and State where it was issued: County, (State).
(Name of County) (Name of State)

The Plaintiff has a court appointed guardian or conservator:

YES; I don’t know; NO. If YES, the County and State where it was issued: _____County, (State).
(Name of County) (Name of State)

(Note: If there are more current restraining or protection orders against the Defendant or against the Plaintiff, please attach additional 8” x 11”
sheets of paper, if necessary, stating the case number(s), County(ies)/Parish(es), and State(s) in which these Orders were issued).

Original - Court Record Copy - Law Enforcement Copy - Plaintiff Copy - Defendant
 State of Alabama Unified Court Case Number
Judicial System PETITION FOR ELDER ABUSE
Form C-90 PROTECTION ORDER
(Page 3 of 4) 8/17

V. Residence

THE DEFENDANT MAY BE REQUIRED TO MOVE FROM THE PLAINTIFF’S RESIDENCE IF THE RESIDENCE IS IN THE SOLE NAME
OF THE PLAINTIFF, IF IT IS JOINTLY OWNED OR RENTED BY THE PLAINTIFF AND THE DEFENDANT.

The place where the Plaintiff lives is: Owned by: the Plaintiff; or the Defendant; or both the Plaintiff and the Defendant.
Rented by:

VI. Emergency Relief Requested (Please Check the Boxes To Show What is Requested):
The Plaintiff is at risk of imminent potential harm, and I am asking the Court for the following for myself or the person(s) for whom I am applying:

(1) Enjoin the Defendant from threatening to commit or committing acts of elder abuse, as defined in the Elder Abuse Protection Order and Enforcement Act,
against the:
Plaintiff; and/or any designated person, to-wit: _________________________________ .
(Name of Person)

(2) Restrain and enjoin the Defendant from:

Harassing; Stalking; Annoying; Telephoning; Contacting*; Communicating with: the Plaintiff; OR

Threatening or engaging in conduct that would place the following in reasonable fear of bodily injury: the Plaintiff; and/or any designated
person, to wit: _______________________________________________.
(Name of Person)

* "Contacting" may include, but is not limited to, communicating with the victim verbally or in any written form, either in person, telephonically, electronically,
or in any other manner, either directly or indirectly through a third person.

(3) Order the Defendant to stay away from: the Plaintiff’s residence; place of employment; and/or any specified place frequented by the Plaintiff t
the Defendant has no legitimate reason to frequent, to-wit: __________________________________________________________________________ .
(Place)
(4) Remove and exclude the Defendant from the residence of the Plaintiff, regardless of ownership of the residence.

(5) Order possession and use of an: automobile and/or other essential personal effects regardless of ownership; and direct the appropriate law
enforcement officer to accompany the Plaintiff to the residence of the Plaintiff or to other specified locations as necessary to protect the Plaintiff from abuse.

(6) Prohibit the Defendant from: transferring; concealing; encumbering; or otherwise disposing of specified property mutually owned or
leased by the parties or in which the Plaintiff had an ownership interest within the last 12 months, to-wit:, ____________________
(Please describe property).
(7) Prohibit the Defendant from transferring the funds, benefits, property, resources, belongings, or assets of the Plaintiff to any person other than the Plaintiff.
(8) Restrain the Defendant from exercising control over the funds, benefits, property, resources, belongings, or assets of the Plaintiff.
(9) Require the Defendant to provide an accounting of the disposition of the Plaintiff's income and other resources, and of the Plaintiff's debts and expenses.
(10) Restrain the Defendant from exercising any powers the Defendant has been granted as the Plaintiff's agent under power of attorney.
(11) Require the Defendant to comply with the instructions of the Plaintiff's guardian, conservator, or agent under power of attorney.
(12) Order other relief deemed necessary to provide for the safety and welfare of the: Plaintiff: and/or any designated person as follows:
________________________________________________________________________________________________________________(Describe).

VII. Additional relief requested for final hearing (permanent order):

In addition to the relief requested above in “VI. Emergency Relief Requested,” I request the following relief for myself
and/or person(s) for whom I am applying:

(13) Require the Defendant to return custody or control of the funds, benefits, property, resources, belongings, or assets to the Plaintiff.
(14) Order restitution.
(15) Prohibit the Defendant from possessing a firearm or other weapon specified by the court, except when the weapon is necessary for employment as a
law enforcement officer or military personnel.
(16) Order the Defendant to pay attorney’s fees and court costs.

Original - Court Record Copy - Law Enforcement Copy - Plaintiff Copy - Defendant
State of Alabama Unified Court Case Number
Judicial System PETITION FOR ELDER ABUSE
Form C-90 PROTECTION ORDER
(Page 4 of 4) 8/17

(17) Order other relief not requested above (describe):

.
Before me, the undersigned authority, personally appeared the Plaintiff or person filing on behalf of the Plaintiff, who is known to me or presented an identification card to me
and who being duly sworn, deposes and says that he/she has read the foregoing Petition for Elder Abuse Protection Order and that the facts herein are true and correct.

Sworn to and subscribed before this, the day of , .

___________________________________________
΀Name of Plaintiff (Please print)

___________________________________________
(Signature of Plaintiff)

___________________________________________
Person filing on behalf of the Plaintiff (Please print)

___________________________________________
(Signature of Person filing on behalf of the Plaintiff)

______________________________________________________
Judge/Clerk of Court/Notary Public
(Notary: My commission expires ).

______________________________________________
______________________________________________
______________________________________________
______________________________________________
Business Address and Telephone Number of Judge/Clerk
of Court/Notary Public

NOTICE TO DEFENDANT

The Defendant is advised that (1) he or she has the right to counsel at his or her own expense at the final hearing on this Petition but not counsel
appointed by the court; and (2) he or she has a right to request a final hearing prior to 10 days of perfection of service of this Petition.

Original-Court Record Copy-Law Enforcement Copy-Plaintiff Copy-Defendant


EX PARTE ELDER ABUSE PROTECTION
ORDER
(Elder Abuse Protection Order and Enforcement Act)
§§ 38-9F-1 to 38-9F-12, Ala. Code 1975
□ Amended Order
State of Alabama Unified Judicial System Form C-91 (Page 1 of 3) Rev. 12/18
Court Case Number: ____________________________________________________
(Number)
In the Circuit Court of _______________________________________ County, Alabama
(Name of County)

PLAINTIFF (Victim)

_____________________________________ ____________________________________
First Middle Last Date of Birth (DOB) of Plaintiff (Victim)

Other Designated Person(s) [List Name(s)]: Other Designated Persons(s) [List DOB(s)]:

_________________________________________________ _______________________________________________

_________________________________________________ _______________________________________________

DEFENDANT Defendant’s Telephone Number and Home Address: ______________________

____________________________________ _________________________________________________________________
First Middle Last

CAUTION: WEAPONS INVOLVED: SEX RACE DOB HEIGHT WEIGHT

Firearm Knife Hands, Feet, Fist
Other: ___________________________ EYES HAIR DISTINGUISHING FEATURES
Weapon Present on the Property

DRIVER’S LICENSE NUMBER STATE EXPIRATION DATE

VEHICLE TAG NUMBER

THE COURT HEREBY FINDS:

Pursuant to the sworn Affidavit/Petition and/or testimony of the Plaintiff seeking protection from elder abuse, the Court finds that it has jurisdiction
over the parties and matter under the law of the State and the Defendant is being provided with sufficient notice, including notice of his right to
request a hearing within 10 days of service, in order to protect his or her rights to due process. Additional terms of this order follow on
succeeding pages.

A temporary order is necessary to prevent elder abuse.

The Defendant represents a risk of imminent potential harm to the Plaintiff.

The terms of this order shall be effective until ______________ (date) or further order of the Court.

THIS ORDER IS VALID AND ENFORCEABLE IN ALL COUNTIES IN THE STATE OF ALABAMA. LAW ENFORCEMENT
OFFICERS MAY USE THEIR ARREST POWERS PURSUANT TO SECTION 15-10-3, ALA. CODE 1975, TO ENFORCE THE TERMS
OF THE ORDER.

ONLY THE COURT CAN CHANGE THIS ORDER.

§§ 38-9F-1 to 38-9F-12, Ala. Code 1975

Original - Court Record Copy - Law Enforcement Copy – Plaintiff Copy - Defendant Copy - Probate Court (if applicable)

Judge's Initials: _________

 EX PARTE ELDER ABUSE PROTECTION
ORDER
(Elder Abuse Protection Order and Enforcement Act)
§§ 38-9F-1 to 38-9F-12, Ala. Code 1975
□Amended Order
State of Alabama Unified Judicial System Form C-91 (Page 2 of 3) Rev. 12/18
Court Case Number: ____________________________________________________
(Number)
In the Circuit Court of _______________________________________ County, Alabama
(Name of County)

THE COURT HEREBY ORDERS THAT (Check all that apply):

(1) The Defendant is enjoined from threatening to commit or committing acts of abuse, as defined in the Elder Abuse
Protection Order and Enforcement Act, against the: Plaintiff; and/or any designated person, to-wit:
________________________________________________________________________________________________.
(Name of Person)

(2) The Defendant is restrained and enjoined from: Harassing Stalking Annoying Telephoning Contacting
Communicating with: the Plaintiff; OR
Threatening or engaging in conduct that would place the following in reasonable fear of bodily injury: the Plaintiff; and/or
any designated person, to wit:_______________________________________.
(Name of Person)

(3) The Defendant is ordered to stay away from: the Plaintiff’s residence; place of employment; and/or any specified place
frequented by the Plaintiff that the Defendant has no legitimate reason to frequent, to-wit: ______________________________________________.
(Place)

(4) The Defendant is removed and excluded from the residence of the Plaintiff, regardless of ownership of the residence.

(5) The Defendant is ordered to provide to the Plaintiff possession and use of an: automobile and/or other essential personal effects regardless of
ownership; and the appropriate law enforcement officer, to-wit: ___________________________________________(Name) is directed to accompany the
Plaintiff to the residence of the Plaintiff or other specified locations as necessary to protect the Plaintiff from abuse.

(6) The Defendant is prohibited from: transferring; concealing; encumbering; or otherwise disposing of specified property mutually
owned or leased by the parties or in which the Plaintiff had an ownership interest within the last 12 months, to-wit:
__________________________________________________________________________(Please describe property).
(7) The Defendant is prohibited from transferring the funds, benefits, property, resources, belongings, or assets of the Plaintiff to any person other than
the Plaintiff.
(8) The Defendant is restrained and enjoined from exercising control over the funds, benefits, property, resources, belongings, or assets of the Plaintiff.
(9) The Defendant is ordered to provide an accounting of the disposition of the Plaintiff's income and other resources, and of the Plaintiff's debts and
expenses.
(10) The Defendant is restrained from exercising any powers the Defendant has been granted as the Plaintiff's agent under power of attorney.
(11) The Defendant is ordered to comply with the instructions of the Plaintiff's guardian, conservator, or agent under power of attorney.
(12) The following relief is ordered and deemed necessary to provide for the safety and welfare of the: Plaintiff: and/or any designated
person, to-wit: ___________________________________________________(Name of person) as follows: ____________________________
___________________________________________________________________________________________________________________
(Describe relief)

This matter is set for a final hearing on _____________________ (date) at _________________________________(time) to be held at
_______________________________________________________________________________________________________(place).
The Defendant is advised that he or she has the right to counsel at this final hearing at his or her expense, but not counsel appointed by the court.

_____________________________________ ____________________________________________
Date Judge

Original - Court Record Copy - Law Enforcement Copy – Plaintiff Copy - Defendant Copy - Probate Court (if applicable)
Judge’s Initials: _______

EX PARTE ELDER ABUSE PROTECTION
ORDER
(Elder Abuse Protection Order and Enforcement Act)
§§ 38-9F-1 to 38-9F-12, Ala. Code 1975
□ Amended Order
State of Alabama Unified Judicial System Form C-91 (Page 3 of 3) Rev. 12/18
Court Case Number: ____________________________________________________
(Number)
In the Circuit Court of _______________________________________ County, Alabama
(Name of County)

RETURN ON SERVICE

Return receipt(s) of certified mail received in this office on __________________________________________________________.

[Date(s)]

I certify that I personally delivered a copy(ies) of the Elder Abuse Protection Order to in
[Name(s)]
_______________________ County, Alabama on _______________________________________.
[Name of County(ies)]) [Date(s)]

____________________________ ____________________________________
(Date) (Server’s Signature)

__________________________________________ ____________________________________________
(Type of Process Server) (Office Address of Server)
________________________________
(Office Telephone Number of Server)

Original - Court Record Copy - Law Enforcement Copy – Plaintiff Copy - Defendant Copy - Probate Court (if applicable)

Judge’s Initials: __________