A Trustee Took Money From Your Elderly Parent? There Are Steps You Can Take Now.

When a family suspects a trustee or agent is misusing an elderly parent’s money, the law gives them several lawful paths. Families who search for “trustee took money from elderly parent Florida” usually need answers fast. This guide explains the warning signs, the duties these fiduciaries owe, and the evidence that tends to matter. Trust Counsel, PL is a trusts and estates law firm with its only office in Coral Gables, Florida.

What elder financial exploitation by a trustee or agent means in Florida

Elder financial exploitation happens when a trustee or agent uses an older person’s money or property for their own benefit, or in a way the person never agreed to. A trustee manages assets under a trust document. An agent manages money under a durable power of attorney. The two roles follow different laws and offer different claims, so this guide treats them separately.

Family members, not the parent, usually raise these concerns. Adult children, siblings and other beneficiaries often notice changes first. A parent with Alzheimer’s disease or other cognitive decline may not notice a transfer, may not understand a document, or may feel too embarrassed to speak up.

Warning signs that an elderly parent’s money may be misused

The clearest signs are unexplained money movement and sudden changes to accounts. Watch for these patterns:

• Withdrawals, wire transfers or checks to the fiduciary, to relatives, or to accounts the parent never opened.
• New signers, changed account titles, a changed home title, or new beneficiary designations.
• Unpaid bills or shutoff notices while the account balance falls.
• A fiduciary who won’t provide statements, an accounting or a copy of the trust, or who limits family contact with the parent.
• Pressure to sign papers quickly, especially papers that appear after the parent’s health declined.

One sign rarely proves wrongdoing. A pattern over several months deserves a closer look.

Duties a Florida trustee and agent owe, and what they must disclose

A Florida trustee must keep qualified beneficiaries reasonably informed. An agent must keep records of every transaction. Family members often have questions about these duties and how they apply to their situation.

• Notice. For an irrevocable trust, the trustee must notify qualified beneficiaries within 60 days after learning the trust exists, or after learning a formerly revocable trust has become irrevocable. This notice rule does not apply to an irrevocable trust created before the effective date of this code. The notice covers the settlor’s identity and the right to request a copy of the trust.
• Copies and information. On reasonable request, the trustee must give a complete copy of the trust and relevant information about its assets and administration. Fla. Stat. § 736.0813
• Loyalty. A trustee must administer the trust solely in the beneficiaries’ interests.

While a trust is revocable, the trustee’s duties generally run only to the settlor.

Legal options when a trustee or agent has taken money

Florida law gives beneficiaries and other interested people civil remedies when a fiduciary breaks a duty. The right option depends on whether the arrangement is a trust or a power of attorney.

• Breach of trust. A claim that a trustee failed to follow the trust terms or the duties Florida law imposes.
• Removal. A request asking a court to remove a fiduciary.
• Agent claims. A court may review an agent’s conduct, terminate the agent’s authority, or remove the agent. In these petitions, the court shall award reasonable attorney fees and costs.
• Restoration. A claim seeking to return trust property or its value to the trust.
• Emergency relief. Florida’s probate rules include a form petition for an injunction against exploitation of a vulnerable adult, with a section for freezing assets. Florida Probate Rule 5.920 forms

Civil claims and criminal cases run on separate tracks. Which track fits depends on the facts.

Evidence used to prove financial exploitation in a Florida case

Proof usually comes from four places: the governing document, the money trail, the parent’s health records, and a dated timeline. Start gathering early, because accounts can change quickly.

• Documents. The trust, the power of attorney, any amendments, the will, and beneficiary designations.
• Money records. Bank and brokerage statements, check images, wire records, and transfers to the fiduciary or related parties.
• Health and capacity records. Notes showing the parent’s condition on key dates, including records tied to Alzheimer’s disease or other cognitive decline.
• Timeline. Who had access, who handled the money, and when unusual activity began.

Fla. Stat. § 709.2116 provides that when an agent’s exercise of a power is challenged in a judicial proceeding on the ground of a conflict of interest, and evidence shows that the agent or an affiliate had a personal interest in that exercise, the agent or affiliate has the burden of proving, by clear and convincing evidence, that the agent acted solely in the interest of the principal, or in good faith in the principal’s best interest where the conflict of interest was expressly authorized in the power of attorney. Fla. Stat. § 709.2116

How a Florida exploitation matter typically moves forward

The first practical step is usually a written request for records, after a confidential review of the documents. A typical matter follows four steps.

1. Confidential review. The firm reviews the parent’s documents and your concerns in a private conversation.
2. Records. The family collects statements and sends a written request for an accounting or information.
3. Remedies. The team weighs whether a removal petition, emergency relief, a damages claim or an agent petition fits the facts.
4. Filing. If needed, a court case can involve discovery, depositions and hearings. Timing varies with the court’s schedule.

When a sibling is taking advantage of a parent, the same steps apply. Concerns can go to the trustee or agent in writing. Any other interested person may petition the court if they demonstrate to the court’s satisfaction that they are interested in the welfare of the principal and have a good faith belief that the court’s intervention is necessary. Some matters may be referred to another lawyer or firm, and the firm will say so if that applies.

Why families bring these matters to Trust Counsel

Trust Counsel, PL concentrates in probate litigation, trust litigation and guardianship matters. Its only office is in Coral Gables, Florida.

The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative.

Leslie V. Marenco is the responsible lawyer for this page. Tanya Vega is also a lawyer at the firm.

We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura. Every matter turns on its own facts, so each one is reviewed individually.

Frequently asked questions about trustee and agent exploitation in Florida

Elderly abuse in Florida

Talk with Trust Counsel about your parent’s accounts

A confidential conversation can help identify which records and remedies fit your parent’s facts. If you are watching money move while the answers stay vague, you are likely deciding under real stress. Bring the trust or power of attorney, recent statements, and a short timeline. Call (305) 707-7126, or schedule a strategy call online.