FLORIDA POWER OF ATTORNEY LITIGATION – THE DUTY TO PRESERVE ASSETS AND ESTATE PLANS

When a loved one grants someone a Florida Power of Attorney, they hand over immense control of their finances and property. That control comes with serious legal responsibilities. Florida law imposes strict fiduciary duties on agents—and when those duties are violated, the law provides remedies. One of the most important of these duties is the obligation to preserve the principal’s estate plan. If you suspect an agent under a POA has diverted assets, altered beneficiary designations, or otherwise changed the distribution your loved one intended, you may have grounds for legal action. This article explains the law, the agent’s duty, and how courts have responded when agents cross the line. An agent under a Florida POA is a fiduciary. That means they must act only within the scope of authority granted in the POA, in good faith, and in line with the principal’s best interests, and consistent with the principal’s known reasonable expectations. An agent cannot use the POA to benefit themselves unless the document clearly allows it. They must avoid conflicts of interest, keep accurate records, and never mix their funds with the principal’s. When they fail to meet these duties—especially by moving or re-titling assets to their own advantage—it opens the door to litigation. Florida Statute § 709.2114(1)(a)(4) makes it clear: an agent must attempt to preserve the principal’s estate plan, if they actually know it, and if doing so is consistent with the principal’s best interests. The statute lists factors the agent must consider, including the value and nature of the principal’s property, the principal’s foreseeable expenses and obligations, tax minimization strategies, eligibility for benefits, and the principal’s history of making gifts. This means if the agent knows, for example, that the principal’s will leaves certain accounts to children, they cannot start moving those funds into accounts that bypass probate and go elsewhere—unless such changes are necessary to protect the principal’s own needs. The Florida case of Krevatas v. Wright is a textbook example of what happens when an agent abuses a POA and undermines the estate plan. Elizabeth Fambrough’s will left most of her assets to her nieces, with a $20,000 gift to her friend Spero Krevatas. Weeks before her death, while she was hospitalized, Krevatas used his POA to turn a small checking account into a joint account with himself and a niece, transfer over $120,000 from her other accounts into that joint account, and convert her certificates of deposit into joint accounts with himself. These moves would have sent a large share of her estate directly to him by survivorship—cutting the nieces out—without any indication in her will or POA that she intended that result. The court found these transfers “not for the benefit” of Fambrough, calling them a “fraudulent abuse” of the POA. The survivorship interests were invalidated, and Krevatas was ordered to return the funds to the estate. On appeal, the court agreed: the POA did not authorize self-enrichment, and Fambrough’s estate plan had to be preserved. Florida law protects agents who act in good faith, even if preserving the estate plan isn’t possible. For example, selling an asset meant for a beneficiary may be justified if the funds are needed for the principal’s medical care. But when the agent’s actions are self-serving—like in Krevatas—good faith cannot be claimed. Courts will reverse improper transfers, recover misappropriated assets, and in some cases, pursue further remedies. If you’re a beneficiary or personal representative and believe an agent changed account ownership or beneficiary designations, transferred property to themselves or others without authority, or spent or moved assets in ways inconsistent with the principal’s estate plan, you should act quickly. Florida law gives you tools to sue the agent, unwind improper transactions, and restore assets to the estate. In probate litigation, timing is critical. Assets improperly removed before death may never enter the estate unless recovered. The statutory duty to preserve the estate plan—and case law like Krevatas—gives beneficiaries and estate representatives strong footing to challenge wrongful conduct. At Zoecklein Law, we pursue these cases to protect your loved one’s legacy and enforce Florida’s fiduciary standards. Whether you’re a personal representative or a beneficiary, you have the right to hold agents accountable. A Florida POA is not a license to rewrite someone’s estate plan. Agents who abuse their authority can be taken to court, their actions undone, and assets brought back to the estate for proper distribution. If you suspect abuse under a power of attorney in Florida, call us today. Our probate litigation team will fight to recover what’s been wrongfully taken and ensure your loved one’s wishes are honored. -Brice Zoecklein, Esq.