The Short Answer

In Florida, you may have civil and (in some cases) criminal remedies if a relative wrongfully takes money from a parent’s joint account—especially when the account was meant to be used only for the parent’s benefit or the parent is a vulnerable adult. Potential claims can include exploitation of an elderly person/disabled adult, theft-based civil remedies, and probate/estate recovery if the parent has died.

What Florida Law Says

“Joint account” on the bank’s paperwork does not always end the legal analysis. A key issue is whether the funds were truly intended as shared property (and/or survivorship property) or whether the relative was added for convenience (to help pay bills) and then used the account for personal benefit. Florida law also provides enhanced protections when the parent is an elderly person or vulnerable adult and someone in a position of trust uses the parent’s money for someone else’s benefit.

The Statute

The primary law governing this issue is Fla. Stat. § 825.103.

This statute defines “exploitation of an elderly person or disabled adult” to include knowingly obtaining or using the person’s funds to benefit someone other than the elderly/disabled person (including by someone in a position of trust), and it also addresses certain unauthorized transfers from accounts that were intended for the elderly/disabled person’s benefit.

Depending on the facts, a related civil remedy may also apply: Fla. Stat. § 772.11, which allows a civil action for theft or exploitation in certain circumstances (including potential treble damages and attorney’s fees, with a statutory pre-suit demand requirement).

If the parent has passed away, probate remedies may also come into play, including whether the taken funds should be brought back into the estate and whether the wrongdoer’s inheritance/survivorship rights can be affected in certain cases. See, for example, Fla. Stat. § 732.8031 (forfeiture related to abuse/neglect/exploitation in qualifying situations).

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to a “joint account” dispute is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Some claims (including theft-based civil claims) can have notice and timing requirements that affect leverage and recovery—missing them can reduce or eliminate options.
• Burden of Proof: You may need bank records, signature cards, text messages/emails, caregiver evidence, capacity evidence, and tracing to show the withdrawals were unauthorized and for the relative’s benefit (not the parent’s).
• Exceptions & Ownership Rules: A relative may argue the withdrawals were “authorized,” were gifts, were repayment, or that the joint titling gave them ownership rights. Sorting out “convenience” vs. true co-ownership (and survivorship issues after death) is fact-intensive and can determine whether the claim belongs in probate, civil court, or both.

Trying to handle this alone can lead to lost evidence, avoidable family conflict, and procedural mistakes that can limit recovery. A Florida probate attorney can quickly assess the account titling, the parent’s capacity/vulnerability, and the best forum and claims to pursue.

If your situation involves a deceased parent and ongoing account access, you may also want to read: How Do I Stop Someone From Using My Deceased Parent’s Bank or Credit Card Accounts in Florida?. For background on how joint accounts can transfer at death, see: Do Joint Bank Accounts and Jointly Owned Property Automatically Transfer at Death Without a Will in Florida?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.