• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Power of Attorney- Florida

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

MrsMc

Junior Member
What is the name of your state (only U.S. law)? Florida

We live in Massachusetts, however my In-Laws live in Florida.

My husband is named POA along with his sister. Sister lives in FL as do his parents. In January sister took it upon herself to establish a durable POA. My husband and his brothers were against this, but she went ahead anyway. Luckily my husband is listed as POA as well. Sister's reasoning for this was that my FIL was making terrible mistakes with the checking account, paying bills twice etc. We have no proof or evidence, but when pressed, sister says he sends checks to the local VA/ Republican party etc. Small amounts $20-$30(The junk mail sent to the elderly is a seperate conversation). Since the POA established in February, she has changed the mailing address of the bank accounts to her home address and has added her name to the checks.

What is disturbing is that we found evidence of "investments" $38K made to sister's business ventures (pyramid scheme) over the past year - made from the Investment account and personal bank accounts - disbursements ranging from $15K to $3K. So while Sister claims a POA was necessary she has been accepting these checks. Nor did she disclose this activity to her brothers.

Yesterday we received a copy of an annuity purchase $54K with her name on it transferring /exchanging funds in my FIL's investment accounts. My inlaws are unaware of this transaction.

Thus my question - if 2 POA's are listed on a POA, should the broker be getting two signatures on such investments? Do we have the right to be consulted on such transactions as well as to obtain copies of statments?

At what point is a POA abused - Sister seems to be taking more and more liberties with the money and frankly we are concerned.
 


anteater

Senior Member
Thus my question - if 2 POA's are listed on a POA, should the broker be getting two signatures on such investments? Do we have the right to be consulted on such transactions as well as to obtain copies of statments?
Not unless the POA document requires it.

What is disturbing is that we found evidence of "investments" $38K made to sister's business ventures (pyramid scheme) over the past year..
That is self-dealing and a breach of her fiduciary duty.

Assuming that the parents are legally competent, they can revoke the POA.
 

latigo

Senior Member
Let me ask you a question.

Rather than continuing to stew over this joint power of attorney business, WHY HASN’T YOUR HUSBAND CONSULTED WITH A FLORIDA ATTORNEY regarding his appointment as court appointed guardian for his mother?!

Obviously the mother is an incapacitated person in need of protection.

Should he be granted letters of guardianship, and there appears to be no reason why not, the Florida court can also grant him the authority to summarily cancel all and any powers the mother heretofore bestowed on the sister and personally assume and execute those powers. (F. S. 744.441(2)

This is ridiculous to sit back quarreling over who can do this and who can’t while this greedy woman is cleaning out the safe!

It should also be possible for the guardian to receive authorization to bring a civil action against the sister for an accounting of her activities as POA.

You have two choices. Continue on as now until there is nothing left to bury the poor woman, or take positive action and put an immediate halt to the thievery.

And if I were in your place I would take a hard look as to instituting criminal prosecution for embezzlement.

Sax
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top