In short: In Florida, an agent under a power of attorney is a fiduciary who must act in good faith, within the authority granted, and in the parent’s best interest, and must keep records. Misusing a vulnerable adult’s money can bring civil liability and criminal charges for exploitation under § 825.103.
“Is my sister stealing our mother’s money?”
I get some version of that call every week. A sibling has Mom’s power of attorney. Checks are going out. The house is being refinanced. Nobody gets an answer.
Every Adult Needs a Power of Attorney
Start with what you should do before there is a problem. Every adult, of any age and in any health, needs a durable power of attorney. It names a trusted person (the agent) to manage your finances if you lose the ability to manage them yourself.
Without one, if you become incapacitated, the only way for someone to take over your affairs may be a guardianship, and you do not want that.
Why Guardianship Is the Last Resort
A guardianship case starts when someone petitions the court claiming a person is incapacitated. The court appoints an examining committee of three professionals to evaluate that person. If the court finds incapacity, it can take away rights: the right to manage property, sign contracts, decide where to live.
A judge once told me that everyone should have a sign on their door: the examining committee is not welcome. Guardianship is expensive, public, court-supervised, and hard to undo. Florida law requires courts to consider less restrictive alternatives, and a properly drafted power of attorney is the most important one.
An Agent Under a Power of Attorney Has Strict Duties
Florida’s power of attorney law is Chapter 709. An agent is a fiduciary. The agent must act in good faith, within the authority granted, and in the principal’s best interest, and must keep records of what they do with the principal’s money.
In plain terms: every dollar must be spent for Mom. Not to “protect the inheritance.” Not to pay the agent back for things nobody agreed to. Not to cut corners on Mom’s care so there is more left at the end. It is Mom’s money, and it gets spent on Mom.
When the Agent Crosses the Line
Misusing a vulnerable adult’s money is serious in Florida, both civilly and criminally:
- Civil remedies. Family members can ask the court to compel an accounting, remove the agent, and recover what was taken. Florida law gives vulnerable adults a civil cause of action for exploitation.
- Criminal exposure. Exploitation of an elderly person or disabled adult is a crime under § 825.103. An agent who uses a power of attorney to help themselves can end up prosecuted.
The full breakdown of the law is here: Is My Sister Stealing Our Mother’s Money? Florida Law Explained.
What to Do If You Suspect a Sibling
- Write down what you know: dates, amounts, property, who told you.
- Ask, in writing, for an accounting of what the agent has done.
- Find out whether there is a guardianship or probate case open anywhere.
- If Mom has capacity, she can revoke the power of attorney.
- If money is actively leaving and nobody will answer, move quickly. The court can act, but it cannot recover what is already gone and spent.
Prevention: The Family Meeting
When a parent signs a power of attorney naming one child, have a family meeting, ideally with the lawyer present, so the agent hears the rules and everyone else knows who is responsible. It is the cheapest litigation prevention there is.
Watch: the videos behind this article
Guardianship in Florida: Avoid “Civil Death” with the Right Power of Attorney
Is My Sister Stealing Our Mother’s Money? Florida Law Explained
Go Deeper
Frequently Asked Questions
What are the duties of an agent under a Florida power of attorney?
Under Chapter 709, an agent must act in good faith, within the scope of authority granted, and in the principal’s best interest, and must keep records of transactions.
Is it a crime to misuse a parent’s money under a power of attorney in Florida?
It can be. Exploitation of an elderly person or disabled adult is a crime under § 825.103, with felony penalties that increase with the amount involved.
What can I do if my sibling is misusing our parent’s money?
Document what you know, demand an accounting in writing, check for any guardianship or probate case, and if the parent has capacity, they can revoke the power of attorney. If money is leaving quickly, the court can step in.
Why is guardianship considered a last resort?
Guardianship is public, expensive, court-supervised, and can remove a person’s rights. Florida courts must consider less restrictive alternatives, and a durable power of attorney is the most important one.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a estate litigation lawyer for power of attorney abuse and elder exploitation disputes, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
