Search Results: POA

POA theft in Florida is serious business. A Power of Attorney is a fiduciary. She is supposed to use the money for the principal’s care. The money does not belong to the POA. In most cases, a POA also cannot change the beneficiary of a bank account. Here’s what you need to know about Florida law if you have discovered POA theft. We have previously provided information about powers of attorney in Florida, financial exploitation, and even a FREE VIDEO. What you need to know about POA law.. In Florida, a power of attorney is a fiduciary. The person who is the power of attorney is often called the “attorney in fact.” She is supposed to act on behalf of her “principal.” The “principal” is the person who created the power of attorney. Or, think of it this way. The principal is the one who the POA works for. One easy example is the following. A wealthy woman named Nana has her probate lawyer draft a power of attorney. Nana’s power of attorney names Tommy as Nana’s “attorney in fact” or power of attorney. In this example, Nana is the principal. Tommy is the POA, or attorney in fact or “agent.” But even though the word “agent” is used to describe a POA, Tommy is a fiduciary. Here is a list of Tommy’s duties that he owes Nana: CLICK HERE FOR LIST OF DUTIES. That means that Tommy may use Nana’s money and property for Nana’s care, and Nana’s use. […]

What does a power of attorney (POA) document have to do with arbitration? When is arbitration correctly compelled by a trial court? How do you interpret the scope of a POA document? How can a health care surrogate become involved in litigation regarding arbitration? POA and Health Care Documents in Florida Florida Guardianship lawyers know that, even if a person is deemed incapacitated by a probate court judge in Florida, the court may choose not to appoint a guardian if there’s a lesser restrictive alternative that adequately addresses the incapacitated person’s needs. Therefore, POA and health care documents can prove to be very valuable. If you meet with aFlorida estate planning attorney to execute a POA, trust and/or health care documents, you will be able to choose who will take care of you if you are to become unable to care for yourself. If a proper estate plan is in place, and you get Alzheimer’s or dementia, you may not have to worry about strangers, or greedy relatives that you dislike, taking over you and your finances. The Scope of a POA Sometimes, it can become confusing to a trustee or POA as to what the estate documents allow them to do exactly. For example, certain POA documents specify or limit the authority that it delegates. How do courts determine what authority a POA grants? A recent Fourth DCA opinion, Manor Oaks, Inc. v. Campbell discusses whether or not a particular POA document gives a health care surrogate the ability […]

Florida powers of attorney and financial exploitation of an elderly person in Florida. Did you know that there’s a statute on-point that helps an elderly person and their family from financial exploitation, from powers of attorney, trustees, and guardians? Know what your financial rights are! This specific statute talks all about powers of attorney. If you’re involved in a case where a power of attorney has been abused in Florida and somebody has taken money or misappropriated funds or bank accounts, know what your financial rights are and talk to an experienced litigation lawyer who handles financial crimes against elderly persons. You can also read a very specific statute 825.103.

Do you believe that your mom or dad is a victim of probate fraud in Florida? What if your evil sister unduly influenced your mom to change her Palm Beach estate plan? What if your brother forced your elderly aunt into changing her POA so that he could steal from her? Has your mentally impaired parent been wrongly influenced to make changes to his or her Florida will?

When should you file a guardianship action in Florida? Is your elderly mom or dad being taken advantage of by his or her POA? What can you do to stop a bad POA from stealing from the person he or she is  supposed to be assisting?  Do you think that someone may be financially exploiting, or stealing money from, your elderly relative? You may wish to read a March 6,2019 Fourth DCA opinion, Johnson v. Florida. 

When does a person need a guardianship rather than a POA? Can I become the POA of a person if they already have dementia before they sign the POA? What do guardianship lawyers in Florida know about how suspicions and accusations of financial exploitation can be avoided? Should you file for guardianship of an elderly person that you believe needs care? How can a guardianship help to prevent an elderly family member from being taken advantage of? 

Frequently, financial exploitation of the elderly cases involve someone abusing or misusing a power of attorney (POA).  For example, we often see caretakers or greedy family members taking advantage of an elderly person by unduly influencing the elderly person to make them his or her POA. Once the POA is obtained, the caretaker or family member uses the POA to withdraw funds from the elderly person’s account ,or uses the POA to change the beneficiaries on the elderly person’s bank accounts. If you are looking to learn more about POA misuse and financial exploitation in Florida, you should read a recent Fourth DCA opinion, Johnson v. State of Florida. 

Do you have suspicions that the POA of an elderly person is abusing their power as POA? What can you do if a person signed a POA while incapacitated? Can a valid POA be created while the person signing the POA has dementia? Can you use a POA to withdraw money for yourself? If you believe that a POA has been used to take money from an elderly person or family member, you may want to read a recent Fourth DCA opinion, Johnson v. State of Florida.  

Can you file a motion to have a trust and estates lawsuit moved to a different venue? Can you ask the probate court to transfer venue from one county to another? If a venue is inconvenient for the parties and witnesses, what can you do? What should your West Palm Beach trust lawyer know about the doctrine of non conviens? What if you sue someone from out of state or from a different city? Probate attorneys know that, if you sue someone who lives out of the state or country, they may argue that the Florida court lacks personal jurisdiction over them, or that, another state is more convenient for litigation. Can you really have a trust and estates lawsuit dismissed based upon “convenience?” A July 26, 2017 Fourth DCA opinion thoroughly discusses the doctrine of forum non conveniens and a motion to transfer venue to a different county within Florida.

A power of attorney( POA) can be a dangerous document if it gets into the wrong hands. Probate litigators in West Palm Beach know that people, unfortunately, abuse POAs and take your money. It happens more often than you could imagine. Our trust and estates litigation office receives many calls from prospective clients suggesting that a power of attorney document has been misused. This is why – just like guardianship litigation – power of attorney litigation is almost a sub-specialty of probate litigation. In case you didn’t know it already, people who claim to be your friends or relatives misuse powers of attorney. They use and abuse your power of attorney to sign deeds, to change your beneficiaries, to withdraw money from your bank accounts, to put their names on your financial accounts, and to take your money and property. In Florida, we refer to these actions as “financial exploitation” or “financial abuse.”