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May 30, 2023

As a probate litigation attorney, I often deal with the ins and outs of Power of Attorney (POA) litigation, a complex area of law that can be fraught with conflict and confusion.

Understanding a Florida Power of Attorney

At the heart of power of attorney litigation is the understanding of the power of attorney document itself, a legal instrument that allows an individual (the principal) to authorize another person (the agent) to act on their behalf. The POA’s interpretation is crucial and, as noted in numerous cases such as Dingle v. Prikhdina, 59 So. 3d 326 (Fla. Dist. Ct. App. 2011), and Kotsch v. Kotsch, 608 So. 2d 879 (Fla. Dist. Ct. App. 1992), it’s a rule of thumb that a power of attorney must be strictly construed, granting only those powers expressly specified. This is because the agent must act only for the best interests of the principal. It is a fiduciary relationship. Under Florida law, a fiduciary relationship is a legal relationship that arises when one person (the fiduciary) is entrusted with the duty to act in the best interests of another person (the principal). The fiduciary is obligated to exercise loyalty, good faith, and utmost care in carrying out their duties, and they must prioritize the interests of the principal above their own. In Florida, fiduciary relationships can be established in various contexts, such as:

  1. Trustee and beneficiary: When a trustee manages and administers assets on behalf of a beneficiary, they have a fiduciary duty to act in the beneficiary’s best interests and follow the terms of the trust.

  2. Guardian and ward: A guardian appointed by the court to care for a minor child or an incapacitated adult assumes a fiduciary duty to act in the best interests of the ward and protect their rights and well-being.

  3. Attorney and client: Attorneys owe a fiduciary duty to their clients and must act in the clients’ best interests, maintain confidentiality, and provide competent representation.

  4. Agent and principal: An agent appointed under a power of attorney or agency agreement has a fiduciary duty to act in the principal’s best interests and within the scope of their authority.

  5. Corporate directors and shareholders: Directors of corporations owe a fiduciary duty to the shareholders and must act in the best interests of the corporation, avoiding conflicts of interest and self-dealing.

  6. Executor and beneficiaries of an estate: An executor or personal representative of an estate has a fiduciary duty to manage and distribute the assets of the estate in accordance with the decedent’s wishes and the applicable laws.

In Florida, the fiduciary relationship is characterized by trust, confidence, and reliance on the fiduciary’s expertise and integrity. Any breach of the fiduciary duty can result in legal consequences and potential liability for the fiduciary.

Interpretations and Limitations on Power of Attorney Under Florida Law

Consider the example of an agent who, with good intentions, oversteps their boundaries and makes a decision not expressly covered by the POA document. According to James v. James, 843 So. 2d 304 (Fla. Dist. Ct. App. 2003), an agent cannot make gifts of the principal’s property to themselves or others unless expressly authorized in the POA. Any deviations from the specified powers can lead to litigation and penalties, as underscored in Florida Statute 709.2117, which makes an agent who violates the law liable to restore the value of the principal’s property and reimburse legal fees.

Conflicts of Interest and Breach of Fiduciary Duty Under Florida Law

Agents can be subject to liability for conflict of interest and breach of this fiduciary relationship under Florida law. Siegel v. JP Morgan Chase Bank, 71 So. 3d 935 (Fla. Dist. Ct. App. 2011). In Siegel, the court delved into the fiduciary duties an attorney-in-fact owes to the principal. A breach of these duties could result in litigation, as laid out in Florida Statute 709.2116, which allows for judicial review of an agent’s conduct and offers remedies for conflicts of interest.

For example, suppose an agent uses the POA to make a decision that benefits themselves rather than the principal. In this instance, according to Florida Statute 709.2116 (4), the agent would have the burden of proving by clear and convincing evidence that they acted solely in the principal’s interest or in good faith in the principal’s best interest and that the conflict of interest was expressly authorized in the POA. This highlights the importance of absolute transparency and adherence to the principal’s best interests when making decisions as an agent.

Resignation of an Agent

According to Florida Statute 709.2118, unless otherwise provided for in the power of attorney document, an agent can resign by providing notice to the principal. If the principal is incapacitated, notice should be given to their appointed guardian. Notice should also be extended to any co-agent, or, in the absence of a co-agent, the next successor agent.

Compliance with legal formalities is also a recurring theme in power of attorney litigation. Both Parisi v. Quadri de Kingston and Albelo v. Southern Oak Insurance Company emphasize that a POA must meet specific requirements to be valid under Florida law. Missteps in meeting these requirements can lead to litigation, highlighting the importance of enlisting a knowledgeable attorney when dealing with these legal documents.

Understanding power of attorney litigation isn’t just about the pitfalls. There are mechanisms to protect the rights of parties involved, such as Florida Statute 709.2116 (3), which stipulates that the court shall award reasonable attorney fees and costs in POA litigation cases.

It’s important to remember that as a potential agent or principal, understanding the responsibilities and potential complications surrounding a Power of Attorney is crucial. This can help avoid disputes and litigation down the road, safeguarding both the principal’s interests and the agent’s rights.

My team and I at Zoecklein Law are experienced in handling power of attorney disputes across the state of Florida. If you need help understanding a Power of Attorney, are considering becoming an agent, or need to challenge or defend an agent’s actions, don’t hesitate to reach out. Our office was set up to help folks like you deal with these issues. Give us a call for a no-obligation free consultation.

Brice Zoecklein, Esq.