Good Intentions Do Not Eliminate a POA’s Legal Responsibilities

In many Florida families, a trusted adult child, sibling, or close friend is named as an agent under a power of attorney (POA). While many people step into this role with good intentions, problems can still arise when a POA exceeds their authority.

Disputes involving powers of attorney are more common than many realize. Sometimes these situations involve clear fraud or theft. In other cases, the acting POA genuinely believes they are helping, but they do so while unintentionally violating their legal responsibilities. Either way, for clarity, bring your concerns to the attention of a Pompano Beach estate litigation lawyer.

Missteps and Meaning Well

Under Florida law, a person acting under a power of attorney has a fiduciary duty. This means they are required to act in the best interests of the principal, the individual who granted them authority. They must manage assets carefully, avoid conflicts of interest, and follow the terms outlined in the power of attorney document. And even well-meaning agents can cross legal boundaries.

For example, an adult child may begin transferring money from a parent’s account because they want to shield assets from future nursing home costs without understanding Medicaid rules or the limits of their authority. Another person may add themselves to bank accounts for convenience and later use funds for personal expenses.

A POA may also make large financial gifts to family members, sell property below market value to a relative, or isolate the principal from other loved ones in an attempt to reduce stress or simplify decision-making. Even if the agent believes they are helping, these actions can create serious legal and financial consequences.

Family members are often the first to notice troubling changes. Some common red flags include:

• Sudden financial changes. Large withdrawals, missing assets, unpaid bills, or unusual transfers may indicate misuse of authority.
• Restricted communication. If the person acting as POA prevents others from speaking with the principal or refuses to share financial information, concerns may be justified.
• Changes that benefit the agent. Unexpected property transfers, revised estate plans, or excessive spending by the agent may signal self-dealing.
• Lack of documentation. A responsible POA should maintain organized financial records and be able to explain major decisions.

If you suspect a power of attorney is abusing their authority, act quickly. Financial losses can grow over time, and vulnerable individuals may face significant hardship if the situation is ignored.

Collect Documentation and Speak to an Attorney

Start by gathering records and communications related to financial decisions. Families should avoid accusations without evidence.

Next, a knowledgeable Pompano Beach estate litigation lawyer can review the situation, determine whether fiduciary duties were violated, and explain available legal options. This may include seeking an accounting, removing the agent, recovering misused assets, or pursuing litigation to protect the vulnerable individual and their estate.

Did you share an issue with a POA only to be told they believe it was for the best? Even when a POA acts with good intentions, mistakes and overreach can have lasting consequences. Connect with the estate attorneys at Mark R. Manceri, P.A. Schedule a confidential consultation today.