What steps can heirs take to stop a former power of attorney after death and recover misused estate assets? - Florida
The Short Answer
In Florida, a power of attorney (POA) ends at the moment the principal dies—so the former agent has no authority to keep accessing accounts, selling property, or making transfers after death. If assets were misused before death (or taken after death), the estate (usually through the personal representative) can pursue court orders, accountings, and repayment—sometimes including attorney’s fees and enhanced damages depending on the facts.
What Florida Law Says
Heirs often assume they must “revoke” a POA after death. Under Florida law, the POA is automatically terminated by death, and the legal authority to act for the decedent generally shifts to the court-appointed personal representative (executor). If the former agent used the POA to benefit themselves, made conflicted transactions, or continued acting after death, that conduct can be reviewed by a court and the estate can seek to restore the missing value or recover specific property.
The Statute
The primary law governing this issue is Fla. Stat. § 709.2109.
This statute establishes that a power of attorney terminates when the principal dies, meaning the agent’s authority ends at death.
For recovery, Florida law also provides tools to hold an agent financially responsible for violations and to obtain court oversight of the agent’s conduct. See, for example, Fla. Stat. § 709.2117 (agent liability to restore value) and Fla. Stat. § 709.2116 (judicial relief to review conduct and grant appropriate relief).
If the facts support theft/exploitation, there may also be a civil theft remedy that can increase financial exposure. See Fla. Stat. § 772.11.
Related reading: Can a Power of Attorney Manage Assets After Death in Florida? and Can I Challenge a Sibling’s Sale of My Mom’s Property Under a Florida Power of Attorney?.
Why You Should Speak with an Attorney
While the rule that a POA ends at death is straightforward, recovering assets is usually not. The outcome often depends on details that require quick, careful legal analysis, such as:
- Strict Deadlines: Some claims (including civil theft demand requirements and probate-related deadlines) can be time-sensitive, and delay can make recovery harder.
- Burden of Proof: You may need bank records, closing documents, beneficiary designations, and proof of what the agent was authorized to do versus what they actually did—especially if the agent claims the transfers were “gifts” or “reimbursements.”
- Exceptions and Defenses: Florida law can protect third parties who acted without knowledge of termination and in good faith, and agents often argue the principal consented or that the POA authorized conflicted transactions—issues that can turn on the document language and evidence.
In many cases, heirs cannot directly “sue as heirs” until the right party is in place. An attorney can help determine whether the personal representative should bring the claim, whether an emergency court petition is needed, and what remedies (return of property, money judgment, constructive trust, attorney’s fees, or civil theft damages) are realistically available.
Related reading: How Can I Challenge an Executor’s Accounting and Recover Misappropriated Estate Funds in Florida? and Can I Reopen a Closed Probate Estate to Recover Missing Assets 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.