Legal Question in Wills and Trusts in Florida
what is customary compensation for POA in state of Florida my sister has this, our aunt (has Alzheimer's) lives with her in Minnesota, her accts, property are located in Florida. can she just pick any amount and write herself a check each month? she started taking $500.00/ month, increased it three months later to $1000.00/ month and after four months it was at $2500.00/ month. The aunt passed away in April. will is being probated in Florida. Both my sister and I live in Minnesota inheriting the condo and investments in Florida, I am pretty confident there was not and agreement in place as to compensation amounts for my sister
2 Answers from Attorneys
Honestly, I have never heard of anyone charging for acting through a POA. There is no law on it, and typically it is for a specific transaction, not ongoing relationship. If it is ongoing, then usually it goes to a guardianship.
If it was in guardianship, the amounts appear excessive. Though if your aunt is worth a significant amount, maybe it could be reasonable due to the nature of the agents involvement.
Since the Will is being probated in Florida, the Personal Representative could investigate and take legal action if they feel it is excessive, to recover any overpayments.
Usually a POA as you describe it does not charge. Without an agreementto do so, she should not have been paying herself.
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