Pushing Back Against People With Powers of Attorney Over Loved Ones in Stuart
In 2016, a Florida man somehow obtained a power of attorney over his elderly neighbor. He subsequently drained her finances and gained ownership of her home. Although the man’s scheme was eventually uncovered, this incident shows how easily people can gain control of your loved ones in Florida. In the legal world, this is called “undue influence” or “lack of capacity.” If you believe this happened to your loved one, it is imperative that you contact an experienced elder law attorney in Stuart as soon as possible.
Florida Neighbor Charged With Numerous Felonies After Taking Advantage of Senior
Police say that a man gained the trust of his elderly neighbor and subsequently obtained a power of attorney. This gave him complete control of the woman’s finances, allowing him to gradually drain her bank account and take ownership of her apartment. He now faces three first-degree felonies and will likely spend decades in prison. The victim died in 2021 in a nursing home at the age of 89, and she never saw her abuser face consequences for his actions. In total, she lost almost $615,000 of her life savings. This is money that her family will never inherit.
How Do I Stop People From Getting Control Over My Loved One?
In this type of situation, family members should be vigilant against those who try to obtain guardianship or power of attorney over vulnerable seniors. As the recent case illustrates, you cannot rely on the courts to prevent manipulative individuals from gaining control over seniors through fraud and deception. Sometimes, these individuals are able to trick courts into thinking they are genuinely invested in the senior’s best interests.
The first step is to be mindful of anyone who comes into close contact with your loved one. This might be a neighbor, nurse, doctor, caregiver, or even a family member. Over time, these people can gain your senior’s trust and convince them to sign all kinds of documents. This might include revisions to their Will.
A trust could help shield your senior’s assets from manipulative people. When you put your senior’s assets into a trust, it may be protected behind certain checks and balances. A trustee oversees these assets, and they can prevent them from falling into the wrong hands. However, it is important to choose a reputable, reliable trustee – as these individuals may also violate their fiduciary duties in certain situations.
Can an Elder Law Attorney in Stuart Help Me Protect My Loved One From Exploitation?
An elder law attorney in Stuart may be able to help you protect your loved one from financial exploitation, undue influence, coercion, and other concerns. These issues have the potential to affect estate planning – potentially robbing beneficiaries of their inheritance. However, you can fight back with legal assistance – and Kitroser Lewis & Mighdoll is ready to help. Contact us today to discuss your unique situation in more detail.
Sources:
local10.com/news/local/2025/02/06/miami-man-accused-of-exploiting-disabled-elderly-neighbor-for-condo-cash/
justice.gov/elderjustice/prosecutors/statutes
