The bread and butter work of most probate litigators includes breach of fiduciary duty claims by guardians, trustees, and agents acting under powers of attorney (POAs). These are all civil cases. What many probate litigators may not be aware of …
Power of Attorney Litigation
Can arguing for the appointment of a court-appointed guardian to handle litigation for an incapacitated adult if she previously executed a valid DPOA get you (and your lawyer) sanctioned?
Albelo v. Southern Oak Ins. Co., — So.3d —-, 2013 WL 440199 (Fla. 3d DCA February 06, 2013)
Durable powers of attorney (DPOA’s) empower disabled or incapacitated adults to manage their business and personal affairs privately and without court …
Is personal service of process needed to challenge a DPOA?
By Juan C. Antúnez on
Posted in Power of Attorney Litigation
Griffith v. Slade, 95 So.3d 982 (Fla. 2d DCA August 22, 2012)
Contesting durable powers of attorney (DPOA’s) is the kind of case that usually ends up on a probate litigator’s desk. Probate matters are all in rem proceedings. …
Florida’s new Power of Attorney statutory regime makes its appellate court debut . . . the reviews are good
By Juan C. Antúnez on
Posted in Power of Attorney Litigation
Rosenkrantz v. Feit, — So.3d —-, 2011 WL 6183525 (Fla. 3d DCA Dec 14, 2011)
As I reported here, on October 1, 2011 Florida overhauled its power of attorney (POA) statutory regime based in large part on the …
Effective October 1, 2011, Florida will be the latest state to adopt the Uniform Power of Attorney Act
By Juan C. Antúnez on
In 2008 the AARP’s Public Policy Institute published a provocative report entitled Power of Attorney Abuse: What States Can Do About It.The AARP report highlighted what was wrong with existing POA statutes, how those failings lead to the exploitation …
What is a Totten Trust?
By Juan C. Antúnez on
Posted in Power of Attorney Litigation
Beane v. Suntrust Banks, Inc., — So.3d —-, 2010 WL 4483472 (Fla. 4th DCA Nov 10, 2010)
Estate planners and probate lawyers come across in-trust-for or “ITF” bank accounts (also known as Totten trusts) all the time. But …
3d DCA on when you’re entitled to statutory attorney’s fees in power-of-attorney litigation
By Juan C. Antúnez on
Posted in Power of Attorney Litigation
Bessard v. Bessard, — So.3d —-, 2010 WL 1875627 (Fla. 3d DCA May 12, 2010)
Durable powers of attorney (POAs) are an integral part of modern estate planning. The prevalence of POAs means they come up with some frequency in …
AARP Research Report: “Power of Attorney Abuse: What States Can Do About It”
By Juan C. Antúnez on
Posted in Power of Attorney Litigation
Texas probate litigator J. Michael Young wrote here on his Texas Probate Litigation Blog about a recently published AARP research piece entitled Power of Attorney Abuse: What States Can Do About It. Here’s an excerpt:
…The primary goal of
1st DCA: power of attorney authorized execution of binding arbitration agreement
Five Points Health Care, Ltd. v. Mallory, — So.2d —-, 2008 WL 5411834 (Fla. 1st DCA Dec 31, 2008)
Under Florida law an attorney-in-fact’s authority is limited solely to actions “specifically enumerated in the durable power of attorney.” F.S. …
2d DCA: Arbitration agreement upheld based on broad grant of authority in decedent’s power of attorney
Jaylene, Inc. v. Moots, — So.2d —-, 2008 WL 4181140 (Fla. 2d DCA Sep 12, 2008)
It’s not uncommon for intermediate-level appellate courts to disagree with each each other, that’s why we have supreme courts. But here’s something you …