Search Results: power of attorney

In Florida, people have power-of-attorney documents as often as they have a will or a revocable trust. But mis-use of a “POA” causes concern. Many times, POAs take money or make gifts when they should not. So, can a Power of Attorney make gifts? To read about MISUSING a power of attorney, click this FREE LINK to Florida POA Law. Power of Attorney in Florida Let’s come out and say it : a power of attorney should not make gifts in Florida. There is even a special law about making gifts. Read Fla. Stat. 709.2202(1)(c) which prohibits making gifts ABSENT VERY SPECIFIC LANGUAGE AND PERMISSION. BUT, doesn’t every rule have exceptions. Here are some important bullet points for power of attorney law in Florida. (For a free legal video on UNDERSTANDING POWER OF ATTORNEY, click HERE.) A power of attorney is a fiduciary The person who “gives” or “creates” a power of attorney is called the “principal“ The POA is supposed to act in that person’s best interest The POA can and should spend the principal’s money — on the principal! The POA can use the power of attorney document to pay the principal’s bills The POA should not make gifts of the principal’s money unless the document specifically authorizes that The fiduciary should not make gifts of money or property to herself That’s called “self dealing” and is a “conflicted transaction” or a conflict of interest In unique or rare or limited circumstances, a principal might give the POA […]

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.  

A brother sues his sisters in a June 6, 2017 opinion from the Court of Appeals of Georgia, Slosberg v. Giller. This case, although it is not a Florida probate case, is a great example of a trust and estates lawsuit involving undue influence, sibling rivalry, and an aggressive family dispute. It shows just how quickly loved ones can turn against each other when money comes into play.

There are options available to you. If you feel that a sibling maybe taking advantage of a power of attorney that had been granted by parent there are several civil damages and remedies available in a Probate or Civil Court. Speak to an experience Probate Attorney and understand what options may be available to you.

What is a durable power of attorney in Florida? Can it allow me to avoid a guardianship in Florida? Should I create a Florida estate plan in case I become incompetent? What is the difference between a guardianship and a power of attorney?

What is a durable power of attorney in Florida? Can it allow me to avoid a guardianship in Florida? Should I create aFlorida estate plan in case I become incompetent? What is the difference between a guardianship and a power of attorney?

The most dangerous document in the world. Mistake: not realizing how powerful, and corruptible, a POA can be. People abuse POAs and take your money. It happens more often than you could ever imagine. I can’t tell you how many calls we get 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, let me say it for you now: people who claim to be your friends or relatives misuse powers of attorney. Your power of attorney, regarding your property and your money. 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.” There are very strict civil penalties – and also criminal penalties – for financial exploitation of the elderly. When someone misuses a power of attorney, they may be responsible for damages and attorneys fees for having committed civil theft or conversion. Triple damages or punitive damag.es may be awarded, under certain circumstances. In addition, these financial exploiters who improperly take your money also break our criminal laws, which can land them in jail. Still, they continue to pop up, time and again, and there appears to be no […]

Powers of attorney are incredibly useful documents, which allow an individual to delegate decision-making to another. Durable powers of attorney are a common component to a Florida estate plan. However, a POA can also be the most “dangerous” document in the world. Why? Because sometimes bad people do bad things with a durable power of attorney in Florida and take money. You mean that people who are the power of attorney steal money in Florida? Sadly, the answer is “yes.” Just ask any Florida guardianship attorney or probate litigator. Many times, a senior citizen or elderly person who may have dementia ,or need a guardianship, is taken advantage of by one who gets a power of attorney. Yes, while a power of attorney document is an important part of your estate plan, when a POA is in the wrong hands, Florida probate litigation law firms have witnessed civil theft, financial exploitation and elder financial abuse. Family members have experienced loss of money, bank accounts and real estate when a power of attorney falls into the wrong hands. How can a Florida legal document be so good and possible dangerous or bad at the same time? POA’s can be mis-used and abused, and used fraudulently. Bad powers of attorney engage in acts of self-dealing, when they are really supposed to serve the person they agreed to help. A power of attorney in Florida is a fiduciary who is supposed to use the POA only for the purpose of helping the person […]

Power of attorney misuse. Did someone take your money with a power of attorney? Did you trust someone by giving them a power of attorney? What just happened? A power of attorney is a dangerous document in the wrong hands. A power of attorney can be used to transfer real estate, to withdraw money from a bank account, or to change beneficiaries on things like bank accounts, IRAs, and life insurance. You’re thinking about bringing a lawsuit regarding someone who abused the power of attorney. The clock is ticking.

Are Florida Powers of Attorney the Most Dangerous Documents in the World? Ask any Florida estate planning attorney, and they will tell you that a power of attorney, or “POA“, is a standard document that they write for their clients. From Boca Raton to Palm Beach, from Miami-Dade to Martin County and all across the Sunshine State, everyone seems to have a power of attorney just like a Last Will and Revocable Trust. In fact, these power of attorney documents are so important that the Florida legislature created an entirely new law on powers of attorney. You can read all about POA’s in Chapter 709 of the Florida Statutes. Powers of attorney can help you with a limited, focused matter, like giving someone the power to sell your Florida real estate or file your tax returns. Durable powers of attorney, however, can be much broader and powerful with great authority, such as to help you protect and manage your property when you can’t, such as when you are incapacitated or incompetent. That’s why many guardianship lawyers in Florida want to know, right away, whether someone has a POA when there is a guardianship filed against them. Having a power of attorney may mean that you don’t need a guardianship. But, powers of attorney are the source of some probate litigation in Florida . Why? Because sometimes relatives, neighbors, or even 2nd or 3rd spouses, or adult step-children, mis-use Florida powers of attorney. How does someone mis-use a POA? Well first […]