A power of attorney is a legal document that allows one person, known as the principal, to grant authority to another person, known as the agent, to act on the principal’s behalf in specified financial, legal, or other matters. Florida powers of attorney are generally governed by Part II of Chapter 709 of the Florida Statutes, commonly known as the Florida Power of Attorney Act. The Act addresses matters such as execution requirements, an agent’s authority and duties, and when a power of attorney terminates, subject to certain statutory exceptions.
Regardless of the complexity of the dispute, the probate attorneys at Di Pietro Partners can help clients navigate power of attorney abuse claims and related probate or estate litigation. 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 different forms of power of attorney depending on the authority the principal wants to grant. Common examples include:
- Financial power of attorney – A financial power of attorney can authorize an agent to handle specified financial matters on the principal’s behalf, such as paying bills, managing accounts, handling investments, or conducting certain real estate transactions. In Florida, a power of attorney is generally exercisable when it is executed rather than only after the principal becomes incapacitated. The authority granted under a Florida power of attorney terminates when the principal dies. After death, authority over probate estate assets generally shifts to the personal representative appointed through the probate process. An experienced estate planning attorney can help ensure the document is properly prepared and tailored to the principal’s needs.
- Limited power of attorney – A limited power of attorney authorizes an agent to act for the principal only for specific purposes or transactions identified in the document. The authority may be restricted by the scope of the powers granted or by the circumstances described in the document.
How to Choose an Agent Under a Power of Attorney
The person you appoint as your agent under a power of attorney may be given significant authority over your financial, real estate, and other legal matters, so choosing someone trustworthy and capable is important. Under Florida law, an individual agent must be at least 18 years old. A power of attorney generally must be signed by the principal, witnessed by two subscribing witnesses, and acknowledged by the principal before a notary public. Florida law does not require those witnesses to be non-family members.
The powers granted to an agent depend on the language of the document. Depending on the authority provided, an agent may be permitted to manage financial accounts, handle real estate matters, sign contracts, or take other authorized actions on the principal’s behalf.
Can a Florida Power of Attorney Be Challenged as Invalid?
Yes. Some disputes involve not only how an agent used a power of attorney, but whether the power of attorney itself was valid. Questions may arise when family members believe a document was forged, improperly executed, or signed under questionable circumstances involving the principal’s mental capacity or possible coercion.
Florida law imposes specific execution requirements for powers of attorney, including the principal’s signature, two subscribing witnesses, and acknowledgment before a notary public. When the validity of the document is disputed, an attorney can review the power of attorney, the circumstances surrounding its execution, and any transactions made under the purported authority.
Examples of Power of Attorney Abuse in Florida
Hopefully, this never happens to you or your family. Sadly, some agents abuse their authority for financial gain. Examples may include:
- Financial exploitation – This may involve an agent improperly using the principal’s money or property for the agent’s own benefit, such as withdrawing funds for personal purchases, transferring assets without proper authority, or otherwise misusing the authority granted under the power of attorney.
- Property transactions– An agent who has authority over real estate or other property must act within the powers granted by the document and comply with fiduciary duties owed to the principal. Transactions that improperly benefit the agent, involve self-dealing, or otherwise conflict with the principal’s interests may lead to legal action.
- Health care decisions – A durable power of attorney may specifically authorize an agent to make health care decisions on the principal’s behalf. If an agent exceeds that authority or makes decisions inconsistent with the principal’s instructions or applicable law, court intervention may be available.
Warning Signs of Power of Attorney Abuse In Florida
Power of attorney abuse is not always immediately obvious. Family members may first become concerned after noticing unusual financial activity, changes in property ownership, or unexplained decisions made by the agent.
Possible warning signs may include:
- Large or unexplained withdrawals from bank or investment accounts
- Transfers of money or property to the agent or the agent’s family members
- Real estate being sold, transferred, or mortgaged without a clear explanation
- Bills, taxes, or care expenses going unpaid despite sufficient assets
- Sudden changes in how the principal’s money is being managed
- Financial records, account statements, or transaction information being withheld
- The agent isolating the principal from family members or restricting access to information about the principal’s finances or well-being
- The agent using the principal’s assets for the agent’s own personal expenses
These circumstances do not automatically prove misconduct, but they may justify a closer review of the agent’s actions and financial records. Florida agents have statutory duties regarding how they exercise their authority and are generally required to maintain records of transactions made on the principal’s behalf.
What Can You Do If You Suspect Power of Attorney Abuse in Florida?
If you believe an agent is misusing a power of attorney, Florida law provides several ways to seek court intervention. Under Florida Statute § 709.2116, a court may review the agent’s conduct, interpret or enforce the power of attorney, terminate the agent’s authority, remove the agent, and grant other appropriate relief. Depending on the circumstances, the principal, certain fiduciaries, government agencies, and other interested persons concerned with the principal’s welfare may be able to petition the court.
Possible steps in a power of attorney abuse dispute may include:
- Seeking removal of the agent or termination of the agent’s authority
- Requesting financial records and information about transactions made on the principal’s behalf
- Challenging unauthorized transfers, withdrawals, or property transactions
- Seeking restoration of property or financial losses caused by the agent’s misconduct
Florida agents are required to keep records of receipts, disbursements, and transactions made on behalf of the principal. An agent who violates Florida’s Power of Attorney Act may also be liable for the amount necessary to restore the value of property lost because of the violation.
Can Power of Attorney Abuse Be Challenged After the Principal Dies?
Yes. Although a Florida power of attorney terminates when the principal dies, transactions or misconduct that occurred while the principal was alive may still be challenged after death. Florida law allows certain fiduciaries acting for the principal’s estate to seek judicial relief concerning an agent’s conduct.
An agent who violates Florida’s Power of Attorney Act may also be liable to the principal or the principal’s successors in interest for the amount necessary to restore property lost because of the violation.
After a death, potential disputes may involve:
- Money withdrawn or transferred before the principal died
- Real estate transferred or sold through the power of attorney
- Assets transferred to the agent or other family members
- Changes in ownership or beneficiary arrangements made using the agent’s authority
- Missing financial records or unexplained transactions
These issues may become part of a broader Florida probate or estate litigation matter when the disputed transactions reduced or diverted property that otherwise may have remained part of the principal’s estate.
Consequences of Power of Attorney Abuse in Florida
Power of attorney abuse can have serious legal consequences. 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 liability – An agent who violates Florida’s Power of Attorney Act may be held financially liable for losses caused by the misconduct. Depending on the circumstances, the court may require the agent to restore the value of the principal’s property and may award attorney’s fees and costs in certain proceedings.
- Criminal penalties– Some forms of power of attorney abuse may also result in criminal charges, depending on the conduct involved. For example, Florida law criminalizes certain forms of exploitation of elderly persons and disabled adults, including some breaches of fiduciary duty by an agent under a power of attorney that result in unauthorized use or transfer of property. Other conduct may potentially implicate theft, fraud, or related criminal statutes.
One way to reduce the risk of power of attorney abuse is to work with an experienced estate planning attorney when preparing the document and to carefully consider whom you appoint as your agent. The person selected should be trustworthy and capable of handling the responsibilities and authority granted under the document.
Speak With a Florida Power of Attorney Abuse Lawyer
At Di Pietro Partners, we combine focused knowledge of Florida probate and estate litigation with decades of combined litigation experience. Whether you’re dealing with suspicious withdrawals, unauthorized property transfers, fiduciary misconduct, or a dispute involving an agent’s actions before the principal’s death, our attorneys can help you understand your legal options and pursue appropriate relief.
Our main office is located in Fort Lauderdale, but we represent clients statewide. No matter where you live, if your power of attorney or probate dispute falls under Florida jurisdiction, we can help.
Contact us today for a free, confidential consultation with an experienced Florida power of attorney abuse lawyer.
