Legal Question in Wills and Trusts in Florida

A Power of Attorney (POA) works as the document describes. You are right, if a person is a POA for someone else, the POA Agent owes a duty of care to the Principal. However, you mentioned that your sister was a 'joint title holder' with your father on one bank account. In this case, joint holders (depending on the type of joint tenancy) have access to all the funds because the funds are considered theirs. As a joint account holder, you sister would be able to endorse checks under her signature alone, not as POA. However, many other facts and circumstances would have to be examined before an attorney could determine whether there was a breach of care owed your father.

By being on the bank account, a POA is not needed to act. When on the account as a joint holder, she had the same right to deposit and withdraw funds as your father. As far as how a Durable POA works, it depends on how it is written. Generally, your sister would be able to act under the POA while your father has legal capacity (is of sound mind) and incapacitated (not of sound mind). In Florida, there is such a thing as a Springing Power of Attorney where the POA would only be in effect when your father is incapacitated. In any case, the attorney-in-fact (not an attorney, but the holder of the POA) has a fiduciary duty to not waste funds and to act in good faith on the terms documented in the POA. Also, any type of POA would terminate upon your father's death. Should you have further questions, please do not hesitate to contact me.