Legal Question in Wills and Trusts in Florida
Misuse of power of attorney
My uncle recently died. My father was his next of kin. Another relative held power of attorney for my uncle, as he lived close to my uncle and could supposedly look out for him. Upon his death, my father has become aware of much misuse of the power of attorney, including the changing over of my uncle's heirs to this other relative, the use of his veteran and SS benefits to support this relative (an estimated $50,000 per year for his own use, including rent, living expenses, extravagant trips for his family,etc., while my uncle lived in a nursing home.)My father does not want or expect any money; just wants to know if he can report this as fraud or misuse of power of attorney or can he do anything to hold up the probate of the will?
1 Answer from Attorneys
Re: Misuse of power of attorney
Agents have fiduciary duties. If those duties are breached, there may be a cause of action. You might want to consult with a litigation attorney. Good luck.
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