Power of attorney agent duties in Florida: you're mom's agent. Now what?

A power of attorney is a document in which one person, the principal (here, your mom), gives another person, the agent (you), authority to handle money and property for her. If you're not sure your parent has one, the article on the five documents every family should find explains what to look for.

Florida law calls the agent a fiduciary. That means you must handle your mom's affairs for her benefit, not your own. You accept the job simply by acting as agent, for example by paying one of her bills (Fla. Stat. 709.2113).

A "durable" power of attorney keeps working if your mom loses capacity, which is usually the whole point. It ends when she dies or revokes it (Fla. Stat. 709.2109). After her death, her will, any trust and her personal representative take over, as explained in what to do after a death.

Fla. Stat. 709.2114 lists what an agent must do. In everyday terms:

• Stay inside the document. Do only what the power of attorney allows.
• Act in good faith, and don't act against your mom's reasonable expectations that you actually know about.
• Try to keep her estate plan in place, such as who inherits what, when that is consistent with her interests. The statute says you can weigh her needs, taxes, eligibility for benefits like Medicaid, and her history of making gifts.
• Don't hand your authority to someone else, except in limited ways the law allows.
• Keep a record of every receipt, payment and transaction.
• Unless the document says otherwise, act loyally for her sole benefit, avoid conflicts of interest and use ordinary care.

A hypothetical: a son in Tampa uses his mother's account to pay her rent, her pharmacy and her caregiver, and saves every receipt. That is the job. Using the same account to cover his own car payment "until she needs it," even with a plan to pay it back, is the kind of conflict the law warns against.

Record-keeping is a legal duty under 709.2114, not just good practice. A simple spreadsheet with the date, amount, payee and purpose, plus copies of statements and receipts, is often enough.

Keep your mom's money in accounts in her name, and pay her bills from them. Florida's agent-duty statute doesn't contain an express rule against mixing, or "commingling," her money with yours. Keeping it separate is practical advice that supports the duties the statute does list, loyalty and record-keeping, because mixed funds make the records hard to follow and can look like a conflict of interest. If you pay something for her out of your own pocket, write it down and reimburse yourself from her account with a note.

You don't have to share your records with everyone who asks. Unless a court orders it or the document says otherwise, you must disclose them only when asked by your mom, her court-appointed guardian, another fiduciary acting for her, a government agency protecting her welfare, or, after her death, her personal representative. You then have 60 days to provide them, or 60 more if you explain in writing why you need extra time (709.2114). Many families choose to share updates with siblings anyway, because it heads off conflict.

Some powers only work if your mom signed or initialed next to them in the document (Fla. Stat. 709.2202). These include making gifts, creating a trust, creating or changing rights of survivorship on an account, changing a beneficiary designation, and disclaiming an inheritance. If those initials aren't there, you generally can't take these steps.

Even when gifting is authorized, a general gift power is limited, unless the document says otherwise, to the annual federal gift tax exclusion per person per year. That amount is $19,000 for 2026. An agent who is not your mom's spouse, parent, grandparent, child or grandchild generally can't use these powers to benefit himself or someone he must support.

Gifts can also cause Medicaid problems. Florida Medicaid looks back 60 months at transfers, and a gift may lead to months without coverage for nursing home care. The Medicaid planning page explains the look-back. Talk with an elder law attorney before you make any gift.

Unless the document says otherwise, you can be reimbursed for reasonable expenses you pay for your mom, such as mileage to her appointments (Fla. Stat. 709.2112). Reasonable pay for your time is allowed only if you are a "qualified agent." That includes a spouse, an heir under Florida law (which usually covers children), and a Florida resident who has never been agent for more than three people at once. Paying yourself can also matter for Medicaid, so keep a written record of what you did and when.

An agent who breaks these rules can be required to put back what the principal lost, and to repay legal fees taken from her funds to defend the agent (Fla. Stat. 709.2117). On the other hand, you are not liable just because her investments lose value, as long as you didn't breach a duty (709.2114). Good records are your protection.

In Florida, medical decisions usually come from a different document, the health care surrogate designation. A surrogate can make health care decisions when your mom can't, should choose what she would have chosen, can see her health information, and can apply for Medicare or Medicaid for her (Fla. Stat. 765.205). If your sister is the surrogate and you are the agent, the law expects the two of you to cooperate to carry out what your mom would want (709.2114). If a diagnosis like dementia is involved, the article on planning after a dementia diagnosis may help.

Banks may ask you to sign an affidavit confirming the document is still in effect (Fla. Stat. 709.2119). For banking and investment transactions the document expressly covers, four business days is presumed a reasonable time for the bank to accept or reject it, and most rejections must be explained in writing (Fla. Stat. 709.2120). Bring the original or a certified copy, and sign as "Jane Doe, as agent for Mary Doe."

Work through this list once. Most families finish it in a few weekends.

Read the whole document. Note which powers have your mom's initials and whether there is a successor agent.

Find the health care surrogate designation and living will, and learn who the surrogate is.

List every account, policy, pension and benefit, with contact numbers.

Set up your record-keeping: a spreadsheet and a folder for statements and receipts.

Put recurring bills on autopay from her own account.

Take the document to each bank and ask what they need to accept it.

Hold off on gifts, retitling or adding names to accounts until you've talked with an elder law attorney.

Decide how you'll keep siblings updated, such as a short monthly email.

Possibly, if you're a "qualified agent" and the document doesn't forbid it. Under Fla. Stat. 709.2112, reimbursement of reasonable expenses is generally allowed, and reasonable compensation is allowed only for qualified agents. That category includes a spouse, an heir such as a child, and a Florida resident who hasn't served as agent for more than three people at once. Keep a log of your time and tasks. If your mom may need Medicaid, ask an elder law attorney first, because payments to family can be reviewed as transfers.

Only if the document gives you gift authority, with your mom's signature or initials next to that power (Fla. Stat. 709.2202). Even then, a general gift power is usually capped at the annual federal gift tax exclusion per person, which is $19,000 for 2026, unless the document says otherwise. Gifts also count in Florida Medicaid's 60-month look-back and may delay nursing home coverage. Because the rules overlap, it's wise to talk with an elder law attorney before making any gift.

Not unless the document says so or a court orders it. Under Fla. Stat. 709.2114, you must disclose your records if asked by your mom, her guardian, another fiduciary acting for her, a government agency protecting her, or, after her death, her personal representative. You then have 60 days to respond, with up to 60 more if you explain the delay in writing. Many agents share simple updates with siblings anyway, because openness often prevents disagreements later.

If your family is facing one of these questions, you can reach Brandon Arkin at Solkoff Legal, P.A. at (561) 733-4242.