Power of Attorney Abuse

A power of attorney is a legal document that allows one person (the principal) to grant authority to another person (the agent) to handle their legal, financial, or other matters under certain conditions. This important document may only be created under the guidelines of the Florida Power of Attorney Act. This Act regulates the creation and execution of all power of attorney documents.

Regardless of the complexity of a case, the probate attorneys Di Pietro Partners are well equipped in guiding you through this process. If you or someone you know has a case involving power of attorney abuse in Florida, contact our lawyers for a free case evaluation.

Types of Florida Powers of Attorney

Florida law recognizes numerous types of power of attorney. Your attorney can explain each one thoroughly to you. Some documents include:

Health care surrogate- This becomes vital if you are incapacitated and need someone to make healthcare decisions for you. Elderly folks should have this in place. However, anyone may need this in case an accident or illness alters their decision making ability.
Financial power of attorney- What happens if you are unable to make financial decisions, or pay your bills? Who has the authority to legally take on this responsibility? Of course, you will need someone to handle financial matters when you pass away. A well-drawn up estate plan is vital for everyone. This should be handled by an experienced family law attorney.
Limited power of attorney- Sometimes situations develop where you need a power of attorney for a short time period. Your attorney may help you with this.

How to Choose a Power Of Attorney

The agent with power of attorney has great responsibility. As a result, Florida places restrictions on who assigns this role and who may fill this role. First of all, both parties must be 18 and of sound mind. Next, two non-family members and a notary public must sign this document. Remember, the agent chosen must be someone you trust. They will be in charge of your financial and real estate matters. Also, they may be in charge of your health care decisions or any legal actions such as signing contracts. So, the Florida Power of Attorney Act protects you when you are most vulnerable.

Hopefully, this never happens to you or your family. Sadly, some agents abuse their authority for financial gain. Examples may include:

Financial exploitation- Basically, this is stealing from the disabled or deceased principal’s estate. Unfortunately, selfish people may take money for themselves for personal gain. For example, they may take money out of an account and buy a car. This is illegal. Hire an attorney immediately if your family notices suspicious activity.
Property transactions-If the agent tries to sell property for their own personal gain, this is illegal.
Health care decisions- If the family sees the agent making decisions against the loved one’s best interests and suspects this is NOT what the principal wanted, they must get an attorney immediately.

Consequences of Power of Attorney Abuse

Abusing power of attorney remains a serious offense. In Florida, there can be civil and criminal consequences for the agent that abuses their authority. Call an experienced attorney for help in these situations.

Civil penalties- The principal or other interested parties may file a civil lawsuit against the agent for financial restitution and damages. The court may order restitution and impose additional financial penalties. Even court costs may be charged to the agent for abusing their power.
Criminal penalties- The agent may face criminal charges in serious cases of abuse of power. Charges may involve theft, fraud, or exploitation of a vulnerable person. In these cases, the agent may face stiff financial penalties and possible imprisonment.

The best way to protect against abuse is to use an experienced estate planning attorney. Second, make sure you choose your power of attorney very carefully. Most people choose a trusted family member. Remember, your attorney will advise you on these important matters.