Legal Question in Wills and Trusts in Florida
I have always had POA over my elderly uncle's accounts for years, strickly to cash or deposit his gov't checks because he's disabled. He has also been very generous through the years with his money, giving me birthday money, cars etc. with those accounts I had POA of. I have never helped myself to those POA accounts, never withdrew funds, etc. Money was never taken out of these accounts by me, only by him. Another relative stepped in and now im being threatened with a lawsuit if I don't pay him back all the gift money, cash etc. he's given me, because they're saying I abused my POA. If I never withdrew funds, or did anything w/o authorization from him, regarding those accounts I had POA of, but accepted his generous gifts through the years, did I do something wrong? Was I in some kind of violation of my fidiciary duties?
2 Answers from Attorneys
Depends on what the POA contains... You should take the POA to an attorney to clearify it's meaning for you.
Based on the general facts described in your question, my advice to you is that:
1. Under relevant fiduciary law in Florida, you did not violate your responsibility under a typical Florida POA unless you unduly influenced your uncle to give you money from the account;
2. The mental capacity of your uncle during this period is an important issue; during this period was your uncle mentally able to make financial decisions, including making gifts to you?
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