• 05
  • August
    2011

When someone is granted a power of attorney, they are given the full trust that they will use it with the person's best interests in mind. When this power is abused, not only s the victim's trust betrayed, but he or she may also be left devastated financially.

Power of attorney abuse can happen to anyone, but the elderly are particularly susceptible. This may be because they are vulnerable and trusting, hoping that people have good intentions.

Unfortunately, many times such abuse is not discovered until after a loved one has passed on. Contacting the probate office after a death sometimes uncovers deceit by someone who had hijacked the deceased victim's estate.

A very sad example of this kind of abuse involves an elderly Florida couple. The perpetrator was able to gain a power of attorney from the husband who has Alzheimer's and is not competent to sign such a document. Florida law clearly provides that a power of attorney cannot be created by a person who is incompetent.

The perpetrator was then able to gain authority to be a medical surrogate for the man's 90-year-old wife, create a new will and gain access to their checking account. Two weeks later the wife was in a coma. Four days afterwards, the perpetrator had the wife's life support terminated.

Unfortunately, this is not a new story, and many vulnerable people are susceptible to such abuses. This kind of abuse of legal authority is a real threat to many of Florida's elderly.

If you discover that a loved one was the victim of a power of attorney abuse, a newly created will can be contested before the probate court. Florida family members should always be on the lookout to prevent power of attorney abuse and protect their most vulnerable loved ones.

Source: The Huffington Post, "Last Will and Embezzlement," Pamela Glasner, 3 Aug 2011