Full question:
Is an estate attorney representing my sister and myself in the Estate of our parents colluding when said atty talks with my sisters husband who is an atty and states that she has never seen a more serious case of abuse of the Power of Atty.? I was named as the POA by my Dad upon his death 3/28/07 to care for my Moms needs.For five years I have dedicated my life 24/7 to my Dad with bone cancer and then for my Mom who had 2 stokes and diagnosed with vascular dementia.My Sister became incensed over me being named POA. After my Dads death I opted to keep my Mom at home.She improved in her state.Always knowing the names of all those around her and also improving over time to reading the paper,watching movies with comprehension and asking to listen to certain music by names.This can be validated by the caretakers and myself as a Medical Doctor-along with the Mayo Doctors whose care she was under. My Sister wanted to place my our Mom in a facility because of the amount of money that she stated was not justified.As A side bar her husband (Pete) is the atty that the Estate Atty made this statement to:they have been married for 5 years and this time frame correlates with the exact time frame my Sister started having a severe breakdown in our previously close Sisters relationship. I firmly believe this to be a grievous problem. I will admit to a commingling of monies. Mine with my Parents.We have in the past ALWAYS been a close family and never did I count the cost or receive any salary for my 5 years of care.Please help me as it has been said to third party from my Sister that she would hate to see me go to jail over this...Please I need desperately your input or legal understanding in this matter.My parents wanted to pay me however there was no amount of money I could ever place on this,as I choose to do this .
- Category: Fiduciary Duty
- Date:
- State: Florida
Answer:
The answer will depend on the specific claims involved, such as breach of fiduciary duty, elder abuse, or theft. If a criminal complaint is filed, the prosecution must prove criminal intent beyond a reasonable doubt.
As a fiduciary, like an agent under a power of attorney (POA), you have two main duties: loyalty and care. The duty of loyalty requires you to act solely in your client’s interest, avoiding conflicts of interest. The duty of care means you must perform your duties competently and thoroughly. Commingling funds is allowed if specified in the POA document; otherwise, it may lead to accusations of misappropriating funds for personal use. It’s essential to keep detailed records of all expenditures made on behalf of your parent. A court can order an accounting of these funds if necessary.
To establish a breach of fiduciary duty, the following elements must be proven: (1) a trust relationship exists between the parties, (2) the fiduciary breached their duties, and (3) the plaintiff suffered damages. Defenses against such claims may include the statute of limitations, lack of a fiduciary relationship, lack of standing, approval by the principal after full disclosure, or the business judgment rule.
In Florida, exploitation of an elderly person or disabled adult can occur if someone knowingly obtains or uses the person’s assets with the intent to deprive them of their benefits (Fla. Stat. § 825.103). Depending on the value of the assets, this can lead to felony charges.
Consulting a local attorney is highly advisable, as they can review all relevant facts and documents related to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.