How To Prove Durable Power Of Attorney Abuse
When you draft a durable power of attorney you designate a person, known as your agent, to make decisions on your behalf in the event that you ever become incapacitated. Your agent will have control over your finances among other factors in your life, so it is imperative that you choose someone who is extremely trustworthy.
Even when a person believes they chose well, abuse can still happen. Due to the fact that this abuse typically occurs during the period of incapacitation, it is important for family members and others close to the individual to be able to detect abuse when it is occurring. Below, our St. Petersburg probate litigation lawyer explains how to do it.
What Does a Power of Attorney Agent Do?
A power of attorney agent has many duties. These include:
- Only acting within the scope of authority granted by the power of attorney
- Attempting to preserve the estate plan of the principal
- Keeping any transactions made on behalf of the principal
- Creating and maintaining the inventory of a safe-deposit box
- Maintaining loyalty to the principal
- Acting with competence, care, and due diligence
- Cooperating with the health care advocate for the principal
- Not acting contrary to the principal’s reasonable expectations
- Not acting against the best interests of the principal, when possible
- Not acting in bad faith
- Not delegating their authority to third parties, with the exception of very specific circumstances
- Not creating a conflict of interest
How to Identify Power of Attorney Abuse
The easiest way to detect power of attorney abuse is to watch for ‘self-dealing.’ Power of attorneys are fiduciary of principals. This means the agent should only work in the best interests of the principal and not benefit directly from exercising their authority. They also have a legal duty to place the needs of the principal above their own. If the power of attorney seems to be benefiting disproportionately from using the principal’s money, it could be a sign that they are abusing their authority.
Proving Power of Attorney Abuse
When the authority given by a power of attorney is abused, it can cost the principal thousands of dollars. It can even result in them not getting the support and care they need. If you believe the agent for your loved one is abusing their power, you can file a lawsuit with the probate court. The burden of proof is then on you to show that the agent is abusing their authority.
Proving power of attorney abuse often requires working with a forensic accountant who can trace the funds that were taken from your family member’s account. If you can establish that the agent did not have the authority to convey real property or give a gift, this can also prove power of attorney abuse.
Our Probate Litigation Lawyer in St. Petersburg Can Help Prove Your Case
At Legacy Protection Lawyers, LLP, our St. Petersburg probate litigation lawyer can help you determine if abuse is occurring and if so, guide you through the lawsuit process and prove your case. Call us now at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
flsenate.gov/laws/statutes/2010/709.08
