Consumer Financial

Protection Bureau

MANAGING SOMEONE ELSE’S MONEY 

Help for trustees under 

a revocable living trust

in Florida

HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 1 

About the Consumer Financial 

Protection Bureau

The Consumer Financial Protection Bureau, or CFPB, is focused 

on making markets for consumer financial products and services 

work for consumers—whether they are applying for a mortgage, 

choosing among credit cards, or using any number of other 

consumer financial products. We empower consumers to take 

more control over their financial lives. 

The CFPB’s Office for Older Americans is the only federal office 

dedicated to the financial health of Americans age 62 and over. 

Along with other agencies, the Office works to support sound 

financial decision-making and to prevent financial exploitation 

of older adults. To help people (including family members) with 

legal authority to handle an older person’s money, the Office 

contracted and worked closely with the American Bar Association 

Commission on Law and Aging (ABA Commission) and state 

professionals to prepare this guide.* 

Though the guide was developed by the ABA Commission, 

it is not intended to provide legal advice or serve as a substitute 

for your own legal counsel. If you have questions or concerns, 

we recommend that you seek the guidance of an appropriate 

legal professional.

*Florida professionals who worked on this guide are Kathy 

Grunewald, Sarah Halsell, Shannon Miller, and Anne Swerlick.
2 MANAGING SOMEONE ELSE’S MONEY 
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 3 

What’s inside

About the Consumer Financial Protection Bureau�������������������������������������������������������1

Why read this guide? ��������������������������������������������������������������������������������������������������������5

What is a fiduciary? 6

Revocable living trust questions and answers 6

Four basic duties of a fiduciary ���������������������������������������������������������������������������������������9

Duty 1 | Act only in Rose’s best interest 9

Duty 2 | Manage the money and property in the trust carefully 10

Duty 3 | Keep the trust property separate 12

Duty 4 | Keep good records 13

More things you should know����������������������������������������������������������������������������������������14

What if there are other fiduciaries? 14

Government benefits require special fiduciaries 15

More than one beneficiary? 15

How can you avoid problems with family or friends? 15

What should you know about working with professionals? 16

Watch out for financial exploitation �������������������������������������������������������������������������������������17

Look for these common signs of financial exploitation 17

What can you do if Rose has been exploited? 18

Be on guard for consumer scams ���������������������������������������������������������������������������������19

How can you protect Rose from scams? 19

What can you do if Rose has been scammed? 20

Where to go for help �������������������������������������������������������������������������������������������������������22

Local and state agencies 22

Federal agencies 24

For legal help 24

For accounting help 25
4 MANAGING SOMEONE ELSE’S MONEY 
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 5 

Why read this guide? 

Like many people, you may never have been a trustee under a revocable living 

trust before. That’s why we created Managing someone else’s money: Help 

for trustees under a revocable living trust in Florida. This guide will help you 

understand what you can and cannot do in your role as a trustee. In that role, you 

are a fiduciary. For this guide, a fiduciary is anyone named to manage money or 

property for someone else. You’ll find brief tips to help you avoid problems and 

resources for finding more information. 

This guide is for family and friends serving as a trustee, not for professionals or 

organizations. The guide does not give you legal advice. Talk to a lawyer if you 

have questions about your duties.

If you want to learn about making a revocable living trust, this guide is not designed 

for you. Talk to a lawyer or read other guides from The Florida Bar, www.floridabar.org, 

or others.

Let’s start with a scenario about how you might have 

become a trustee

Your family member or friend is worried that she will get sick and will not 

be able to pay her bills or make other decisions about her savings and 

her house. For this guide, we will call her Rose. Rose has signed a legal 

document called a living trust. In it, she names you as her trustee. 

When she set up the trust, she should have transferred ownership of 

some or all her money and property from her name to the name of the 

trust. As her trustee, you now have the power to make decisions for Rose’s 

benefit about the money and property in the trust. 

The law gives you a lot of responsibility. You are now a fiduciary with 

fiduciary duties.
6 MANAGING SOMEONE ELSE’S MONEY 

What is a fiduciary? 

Since you have been named to manage money or property for 

someone else, you are a fiduciary. The law requires you to manage 

the money and property in the trust for Rose’s benefit, not yours. 

It does not matter if you are managing a lot of money or a little. It 

does not matter if you are family or not.

The role of a fiduciary carries with it legal responsibilities. When 

you act as a fiduciary for Rose, you have four basic duties that you 

must keep in mind:

1. Act only in Rose’s best interest.

2. Manage the money and property in the trust carefully.

3. Keep the trust property separate from yours.

4. Keep good records.

As a fiduciary, you must be trustworthy, honest, and act in good 

faith. If you do not meet these standards, you could be removed 

as a fiduciary, sued, or you might have to repay money. It is even 

possible that the police or sheriff could investigate you and you 

could go to jail. That’s why it’s always important to remember: 

It’s not your money!

Revocable living trust questions 

and answers 

What is a revocable living trust?

A revocable living trust is a legal document. Rose made a 

revocable living trust to give you legal authority to make 

decisions about her money or property in the trust if she cannot 

make decisions herself because she is sick or injured. She also 

made the revocable living trust to say who will get her money or 

property after she dies. In the rest of this guide we use “living 

trust” or “trust” as shorthand for “revocable living trust.”

Different types of 

fiduciaries exist

In your role as trustee, you 

may act as or deal with 

other types of fiduciaries. 

These may include: 

Agents under a power of 

attorney—someone names 

an agent to manage their 

money and property in case 

they are not able to do it.

Representative payees 

or, for veterans, VA 

fiduciaries—a government 

agency names them to 

manage government money 

that is paid to someone.

Guardians of the property 

—a court names them 

to manage money and 

property for someone who 

needs help.

Other guides explaining 

the duties of these 

fiduciaries are at: www.

consumerfinance.gov/

managing-someoneelses-money.
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 7 

There are three roles under a revocable living trust.

§ The person who makes the trust may be called the grantor, 

settlor, or trustor. 

§ The person who makes decisions about the money or property 

in the revocable living trust is called the trustee. A trustee 

can be an individual or a financial institution. If there is more 

than one, they are co-trustees. A successor trustee may also 

be named and acts only if a trustee can no longer fulfill that 

role. Rose can name herself as trustee and you as co-trustee 

immediately, or you may be a successor trustee who can act 

when she can no longer make decisions. 

§ A person who receives money or property from the revocable 

living trust is called a beneficiary. Rose may be the only 

beneficiary while she is alive, or she may name co-beneficiaries 

who receive some money or property from the revocable 

living trust before she dies. The people who receive money 

or benefits from the revocable living trust after Rose dies are 

called residuary beneficiaries.

When does a trustee’s authority begin?

A trustee’s authority begins only when the trust says that authority 

begins. For example, the trust might specify that that you can 

make decisions about the money and property only after Rose 

has lost the capacity to manage her property on her own.

What property does a trustee manage?

The trustee has authority only over property actually transferred 

to the revocable living trust. A living trust is ineffective unless Rose 

puts her money or property into it. To transfer money or property 

into the trust, Florida law requires Rose to change ownership of her 

money or property from her name to the name of the revocable 

living trust (for example, the “Rose Roe Living Trust”); or to the 

name of the trustee who is clearly identified as trustee. As trustee, 

you will have the legal authority to spend and invest the money 

and property in the revocable living trust for the benefit of Rose 

and any other beneficiaries as the trust directs. You do not have 

legal authority over any money or property that is not in the trust.

Don’t expect others to 

know what a trustee is 

or does. 

They may not understand 

that you have been named 

as a trustee. They may think 

that you have more authority 

or less authority than you 

really have. You may need 

to educate them. You could 

show them this guide.
8 MANAGING SOMEONE ELSE’S MONEY 

Can a revocable living trust be changed or revoked?

As long as Rose still can make her own decisions and the terms of the trust allow 

her to do so, she can change or end (revoke) the revocable living trust. Revocable 

trusts typically become irrevocable when certain events identified in the trust 

happen, such as when Rose becomes incapacitated or dies.

When do your responsibilities end?

Your authority and responsibilities end if:

§ Rose names a new trustee

§ Rose revokes the trust

§ The terms of the trust say it ends at a given point in time, or

§ A court removes you as trustee. 

What if you think a change in the trust was a result of fraud or abuse?

If you think Rose does not understand the decision to take away your authority or 

end the trust, then talk to a lawyer, contact adult protective services, or call the 

police or sheriff. 

Aren’t there other types of trusts?

Yes. Other types of trusts exist and people have different reasons for making trusts. 

This guide only covers living trusts. 

Living trusts most likely have family or a friend as a trustee. Other types of trusts 

often have professional trustees, such as a lawyer or bank trust officer. 
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 9 

Four basic duties of a fiduciary 

Duty 1 | Act only in Rose’s best interest

Because you are dealing with the trust’s money and property, your duty is to make 

decisions that are best for Rose and any co-beneficiaries. This means you must 

ignore your own interests and needs, or the interests and needs of other people. 

To help act in Rose’s best interest, follow these guidelines: 

§ Read the living trust document and do what it says. Your authority is limited 

to what the document and Florida law allow. Florida law spells out several 

powers every trustee has unless limited by the trust document: for example 

the power to purchase or sell trust property and the power to hire professional 

advisors. A Florida trustee also has some duties that cannot be changed by 

the terms of a trust, such as duties to disclose trust information to beneficiaries. 

Talk to a lawyer if there is anything you don’t understand. Follow Rose’s 

directions in the trust document even if you have the best intentions in wanting 

to do something different. 

§ Understand when your duty as trustee becomes effective. The living trust may 

say that you become a trustee or a co-trustee right away or only when Rose 

can no longer make her own decisions. Check to see if the document says how 

you will know when Rose can no longer make her own decisions. If you are still 

unsure, get legal advice. 

§ Avoid conflicts of interest. A conflict of interest happens if you make a decision 

about Rose’s money or property in the trust that might benefit you or someone 

else at Rose’s expense. As a fiduciary, you have a strict duty to avoid conflicts 

of interest. If you are uncertain about whether a conflict of interest exists, seek 

legal advice.
10 MANAGING SOMEONE ELSE’S MONEY 

§ Don’t borrow, loan, or give the trust’s money to yourself 

or others. Even if the trust document allows gifts or loans, 

consider whether the trust can afford the gifts or loans, and 

whether they are in line with what Rose would have wanted. A 

lawyer can advise you on any effects on Rose’s taxes or on her 

plans to give away her property when she dies. 

§ Avoid changing Rose’s plans for giving away her money or 

property when she dies. There may be rare situations in which 

changing Rose’s plans would be in her best interest. But you 

should get legal advice to make sure that the trust document 

or state law allows that. 

§ Be cautious in paying yourself for the time you spend 

acting as Rose’s trustee. If the trust does not specify your 

compensation, Florida law permits “compensaton that is 

reasonable under the circumstances.” If the trust spells out how 

much you are to be compensated, you can follow the trust’s 

instructions, but you or any beneficiary could seek court review 

if you feel the compensation is too low or high. In all cases, you 

need to show that your fee is reasonable. Carefully document 

how much time you spend and what you do, and follow state 

rules regarding trustee’s fees.

Duty 2 | Manage the money and property 

in the trust carefully

As Rose’s trustee, you might pay bills, oversee bank accounts, and 

pay for things she needs. You might also make investments, pay 

taxes, collect rent or unpaid debts, get insurance if needed, and 

do other things written in the living trust or required by state law. 

You have a duty to manage the money and property in the trust 

very carefully. Use good judgment and common sense. As a 

fiduciary, you must be even more careful with the trust’s money 

than you might be with your own! 

Avoid possible 

conflicts of interest

Sometimes people have 

good intentions, but do 

things they shouldn’t. 

Because you are now a 

fiduciary, you should avoid 

any conflicts of interest. 

Here are a few examples 

of possible conflicts 

of interest:

Should you sell trust assets 

to yourself? 

Selling trust assets to 

yourself is usually seen as 

a conflict of interest (called 

self-dealing). Talk to a 

lawyer before doing this.

Should you do business 

with family? 

Like most people, Rose 

needs homeowners’ 

insurance. Because your 

spouse sells insurance, 

you decide to buy Rose’s 

insurance from him without 

shopping around for better 

coverage or prices from 

other insurance agents. This 

may be a conflict of interest.
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 11 

Follow these guidelines to help you make careful decisions:

§ List the trust’s money, property, and debts. You need to know what Rose’s trust 

owns and owes to make careful decisions. Your list might include:

ú Checking and savings accounts;

ú Cash;

ú Pension, retirement, annuity, rental, public benefit, or other income;

ú Real estate;

ú Cars and other vehicles;

ú Insurance policies;

ú Stocks and bonds; 

ú Jewelry, furniture, and any other items of value;

ú Unpaid credit card bills and other outstanding loans.

Florida law requires you to share the list of trust assets with beneficiaries. The trust 

document may also require you to share the list with certain others.

§ Protect the trust’s property. Keep the trust’s money and property safe. You may 

need to put valuable items in safe deposit boxes, change locks on property, and 

make sure her home or other property is insured. Make sure bank accounts earn 

interest if possible and have low or no fees. Review bank and other financial 

statements promptly. If the trust has real estate, keep it in good condition. 

§ Invest carefully. Talk to a financial professional or lawyer about safe and legal 

ways to invest the trust’s assets. The Securities and Exchange Commission (SEC) 

provides tips on choosing a financial professional at www.sec.gov/investor/

alerts/ib_top_tips.pdf. Discuss choices and goals for investing based on Rose’s 

needs and values. 

§ Pay bills and taxes on time. 

§ Cancel any insurance policies that Rose does not need. 

§ Collect debts. Find out if anyone owes the trust money, and try to collect it.
12 MANAGING SOMEONE ELSE’S MONEY 

Duty 3 | Keep the trust property separate

Never mix money or property in Rose’s trust with your own or someone else’s. 

Mixing money or property makes it unclear who owns what. Confused records can 

get you in trouble with Rose’s family and also with government agencies such as 

adult protective services and the police or sheriff. 

Follow these guidelines: 

§ Separate means separate. Never deposit the trust’s money into your own or 

someone else’s bank account or investment account. 

§ Never hold title to the trust’s money and property in your own name. Every 

document should show the owner of the assets as either the Rose Roe Living Trust 

or your name as trustee of the Rose Roe Living Trust. This is so other people can 

see right away that the money and property belongs to the trust and not to you. 

§ Know how to sign as trustee. Sign all checks and other documents relating to the 

trust’s money or property to show that you are Rose’s trustee. For example, you might 

sign “John Doe, as trustee for the Rose Roe Living Trust.” Never just sign “Rose Roe.” 

Can Rose get any benefits?

Find out if Rose is eligible for any financial or health care benefits from 

an employer or a government. These benefits might include pensions, 

disability, Social Security, Medicare, Medicaid, Veterans benefits, housing 

assistance, or food stamps (now known as Supplemental Nutrition 

Assistance Program or SNAP). Use the National Council on Aging benefits 

check-up at: www.BenefitsCheckUp.org.

Help her apply for those benefits. The Area Agency on Aging where Rose lives 

can help you find information. Find the local Area Agency on Aging through 

the Department of Elder Affairs at http://elderaffairs.state.fl.us/index.php.

Medicaid is complicated

Get legal advice and be very careful about decisions that may affect 

Rose’s eligibility for Medicaid. The Medicaid program provides medical 

assistance and long-term care to low-income people. For information, visit 

www.myflfamilies.com/service-programs/access-florida-food-medicalassistance-cash/medicaid.
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 13 

§ Pay Rose’s expenses from the trust funds, not yours. Spending your money and 

then paying yourself back makes it hard to keep good records. If you really need 

to use your money, keep receipts for the expense and maintain a good record of 

why, what, and when you paid yourself back.

Duty 4 | Keep good records

You must keep true and complete records of the money and property in Rose’s 

living trust. Florida law requires trustees to give accountings to beneficiaries when 

the person who made the trust becomes incapacitated and annually thereafter. 

An accounting is a report that identifies the trust assets and their value and shows 

all financial transactions during the reporting period.

Practice good recordkeeping habits:

§ Keep a detailed list of everything the trust receives and spends. Records 

should include amount of checks written or deposited, dates, reasons, names of 

people or companies involved, and other important information. 

§ Keep receipts and notes, even for small expenses. For example, write “$50, 

groceries, ABC Grocery Store, May 2” in your records, soon after you spend 

the money. 

§ Avoid paying in cash. Try not to pay Rose’s expenses with cash. Also, try not to 

use an ATM card to withdraw cash or write checks to “Cash.” If you need to use 

cash, be sure to keep receipts and notes. 

§ Getting paid? If you are being paid as trustee, be sure you are charging a 

reasonable fee. Keep detailed records, as you go along, of what work you did, 

how much time it took, when you did it, and why you did it.
14 MANAGING SOMEONE ELSE’S MONEY 

More things you should know

What if there are other fiduciaries?

Co-trustees

Rose may have named herself as co-trustee with you. Or she may have named 

someone else to act as co-trustee with you. The living trust document should 

say whether you and any co-trustees can make decisions alone or must agree on 

decisions, either unanimously or by majority rule. If no instruction is given, Florida 

law allows decisions by majority rule.

Either way, you must coordinate with any co-trustee and share information about 

decisions. Even if you and a co-trustee don’t agree on all decisions, you cannot let 

a co-trustee do something that harms Rose. You are still responsible for her and 

must act in her best interest.

Successor trustees

Rose may have named a successor trustee to act for her if you are not able to be 

the trustee. A successor trustee has no authority if you are still willing and able to 

act as trustee.

Other types of fiduciaries

Other fiduciaries may have authority to make decisions for Rose. For example, she 

may have a guardian of the property, a representative payee who handles Social 

Security benefits, or a VA fiduciary who handles veterans benefits. It is important to 

work with these other fiduciaries, and keep them informed.
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 15 

Government benefits require special fiduciaries

As trustee, you cannot manage Rose’s government benefits such as Social Security 

or Veterans benefits, unless: 

1. Her benefits are paid directly into her trust, or

2. You have been appointed by the government agency as, for example, a 

representative payee or VA Fiduciary to handle these benefits. For more 

information, contact the government agency.

More than one beneficiary?

If Rose named more than one beneficiary of her living trust, then you have fiduciary 

duties to each beneficiary. The living trust document should say what your duties 

are to the beneficiaries. Florida law requires the trustee to act impartially but give 

“due regard to the beneficiaries’ respective interests.”

You must always be impartial when you carry out your duties as Rose’s trustee. 

You cannot show any bias toward any one beneficiary. Because each beneficiary’s 

needs are different, you do not have to treat everyone the same. But you must act 

in each beneficiary’s best interest in an unbiased way. 

Talk to a lawyer about what your duties are if Rose’s trust has named more than one 

beneficiary.

How can you avoid problems with family or friends?

Family or friends may not agree with your decisions about money and property 

in Rose’s trust. To help reduce any friction, follow the four duties described above 

and the guidelines we’ve given you. 

Sharing information with certain beneficiaries is required by Florida law. Sharing 

information with other family or friends may help to avoid conflict, but only if 

permitted by the terms of the trust. It may be easier to deal with questions about 

a decision when it happens than to deal with suspicion and anger that may build 

over a long time. In the end, you have to make the final decisions. Some family 

or friends may be so difficult that it is better not to share information with them, 

unless required. Use your best judgment. 

If family or friends don’t agree with your decisions, try to get someone to help sort 

it out—for example, a family counselor or mediator. See Where to go for help on 

page 22 of this guide.
16 MANAGING SOMEONE ELSE’S MONEY 

What should you know about working with professionals?

In managing the trust’s affairs, you may need help from professionals such as 

lawyers, brokers, financial advisors, accountants, real estate agents, appraisers, 

psychologists, social workers, doctors, nurses, or care managers. You can pay 

them with money from the trust. 

If you need help from any professionals, remember these tips: 

§ Check on the professional’s qualifications. Many professionals must be licensed 

or registered by a government agency. Check credentials with the government 

agency. Make sure the license or registration is current and the professional is in 

good standing. Check the person’s complaint history.

§ Interview the professional thoroughly and ask questions.

§ Review contracts carefully before signing. Before hiring any professionals, get 

their proposed plan of work and expected fee.

§ Make your own decisions based on facts and advice. Listen to their advice, but 

remember you are the decision-maker. 
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 17 

Watch out for financial exploitation 

Family, friends, neighbors, caregivers, fiduciaries, business people, and others 

may try to take advantage of Rose. They may take her money without permission, 

neglect to repay money they owe, charge her too much for services, or just not 

do things she has paid them to do. If any of these happen, it may be examples of 

financial exploitation or financial abuse. As Rose’s trustee, you should help protect 

her and know the signs of financial exploitation for five important reasons: 

1. Rose may still control some of her funds and could be exploited;

2. Even if Rose does not control any of her funds, she still may be exploited;

3. Rose may have been exploited already, and you may still be able to do 

something about that;

4. People may try to take advantage of you as Rose’s trustee; and

5. Knowing what to look for will help you avoid doing things you should not do, 

protecting you from claims that you have exploited Rose.

Look for these common signs of financial exploitation

§ You think some money or property is missing.

§ Rose says that some money or property is missing.

§ You notice sudden changes in Rose’s spending or savings. For example, she: 

ú Takes out lots of money from the bank without explanation;

ú Tries to wire large amounts of money;

ú Uses the ATM a lot;

ú Is not able to pay bills that are usually paid; 

ú Buys things or services that don’t seem necessary; 

ú Puts names on bank or other accounts that you do not recognize or that 

she is unwilling or unable to explain;
What can you do if Rose has been exploited?

§ Call the emergency 911 number if Rose is in immediate danger. 

§ Call the Florida Abuse Hotline at 1-800-962-2873 to make a report to 

Adult Protective Services (APS). Florida law requires you to make a report 

to APS if you suspect that Rose has been exploited. The role of APS is 

to investigate reports and to provide or arrange for services to victims.

§ If you think that Rose has been or will be the victim of a crime, call the 

local police or sheriff.

§ Alert Rose’s bank or credit card company.

§ Call the local State Attorney or the Florida Attorney General.

§ Call the Long-Term Care Ombudsman Program or the Medicaid Fraud 

Control Unit if Rose is in a nursing home or assisted living. 

§ Consider talking to a lawyer about protecting Rose from more 

exploitation or getting back money or property taken from her. 

§ Each agency or professional has a different role, so you may need to 

call more than one. For more information, see Where to go for help on 

page 22 of this guide.

18 MANAGING SOMEONE ELSE’S MONEY 

ú Does not get bank statements or bills; 

ú Makes new or unusual gifts to family or others, such as a “new best friend”; 

ú Changes beneficiaries of a will, life insurance, or retirement funds; or

ú Has a caregiver, friend, or relative who suddenly begins handling her money.

§ Rose says she is afraid or seems afraid of a relative, caregiver, or friend.

§ A relative, caregiver, friend, or someone else keeps Rose from having visitors 

or phone calls, does not let her speak for herself, or seems to be controlling 

her decisions.
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 19 

Be on guard for consumer scams 

As Rose’s trustee, you should be alert to protect her money from consumer scams 

as well as financial exploitation. Criminals and con artists have many scams and 

change them all the time. They often seek unsuspecting people who have access 

to money. Learn to spot consumer scams against Rose—and against you as her trustee. 

How can you protect Rose from scams?

Consumer scams happen on the phone; through the mail, e-mail, or the Internet; 

and they occur in person, at home, or at a business. Here are some tips: 

§ Help Rose put her number on the National Do Not Call Registry. Go to 

www.donotcall.gov or call 1-888-382-1222. 

§ Don’t share numbers or passwords for Rose’s accounts, credit cards, or 

Social Security, unless you know whom you’re dealing with and why they need 

the information. 

§ After hearing a sales pitch, take time to compare prices. Ask for information in 

writing and read it carefully. 

§ Too good to be true? Ask yourself why someone is trying so hard to give you a 

“great deal.” If it sounds too good to be true, it probably is.

§ Watch out for deals that are only “good today” and that pressure you to act 

quickly. Be suspicious if you are not given enough time to read a contract or get 

legal advice before signing. Also watch out if you are told that you need to pay 

the seller quickly, for example by wiring the money or sending it by courier. 

§ Never pay up front for a promised prize. Suspect a scam if you are required to 

pay fees or taxes to receive a prize or other financial windfall. 
What can you do if Rose has been scammed?

If you suspect a scam, get help. Contact a local, state, or federal agency, 

depending on the type of scam. You may also need to talk to a lawyer. 

Local agencies to call are Adult Protective Services, the Long-Term Care 

Ombudsman Program, the Area Agency on Aging, the police or sheriff, or 

the Better Business Bureau. 

State agencies to call are the Florida Office of the Attorney General or the 

Florida Department of Agriculture and Consumer Services. 

Call a federal agency if scammers are in other states or countries. Federal 

agencies are the Consumer Financial Protection Bureau, the FBI, the 

Federal Trade Commission, or the U.S. Postal Inspection Service. 

Each of these agencies and professionals has a different role so you may 

need to call more than one.

For more information, see Where to go for help on page 22 of this guide.

20 MANAGING SOMEONE ELSE’S MONEY 

§ Watch for signs Rose already has been scammed. For example, does she 

receive a lot of mail or e-mail for sweepstakes? Has she paid people you don’t 

know, especially in other states or countries? Has she taken a lot of money out of 

the bank while she was with someone she recently met? Does she have a hard 

time explaining how she spent that money? Is she suddenly unable to pay for 

food, medicine, or utilities?
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 21 

SCAM TYPES DESCRIPTION

Relative in need Someone who pretends to be a family member or friend calls or 

e-mails you to say they are in trouble and need you to wire money 

right away.

Charity appeals You get a call or letter from someone asking for money for a fake 

charity—either the charity does not exist or the charity did not call or 

write to you.

Lottery or 

sweepstakes

You get a call or e-mail that you have a chance to win a lot of money 

through a foreign country’s sweepstakes or lottery. The caller will offer 

tips about how to win if you pay a fee or buy something. Or the caller 

or e-mail says you already have won and you must give your bank 

account information or pay a fee to collect your winnings.

Home 

improvement

Scammers take money for repairs and then they never return to do the 

work or they do bad work. Sometimes they break something to create 

more work or they say that things need work when they don’t.

Free lunch Scammers invite you to a free lunch and seminar, and then pressure 

you to give them information about your money, and to invest the 

money with them. They offer you “tips” or “guaranteed returns.”

Free trip Scammers say you’ve won a free trip but they ask for a credit card 

number or advance cash to hold the reservation.

Government 

money

You get a call or letter that seems to be from a government agency. 

Scammers say that if you give a credit card number or send a money 

order, you can apply for government help with housing, home repairs, 

utilities, or taxes.

Drug plans

Scammers pretend they are with Medicare prescription drug plans, 

and try to sell Medicare discount drug cards that are not valid. 

Companies with Medicare drug plans are not allowed to send 

unsolicited mail, emails, or phone calls.

Identity theft

Scammers steal personal information—such as a name, date of birth, 

Social Security number, account number, and mother’s maiden name—

and use the information to open credit cards or get a mortgage in 

someone else’s name.

Fake “official” mail Scammers send letters or e-mails that look like they are from a 

legitimate bank, business, or agency to try to get your personal 

information or bank account number.

Common consumer scams
22 MANAGING SOMEONE ELSE’S MONEY 

The resources below are for Florida. For 

information on other states, see the national 

version of this guide at www.consumerfinance.

gov/managing-someone-elses-money.

Local and state agencies

Adult Protective Services

Adult Protective Services (APS) receives and 

investigates reports of suspected elder or 

adult abuse, neglect, or exploitation. To make a 

report, contact the Florida Abuse Hotline:

1-800-96-ABUSE (1-800-962-2873) 

TDD: 1-800-453-5145

FAX: 1-800-914-0004

www.myflfamilies.com/service-programs/adultprotective-services/report-abuse

Aging and Disability Resources 

State and local agencies can provide 

information about aging and disability services 

and whether there are any support groups for 

fiduciaries or caregivers. The Department of 

Elder Affairs administers programs and services 

for elders across the state of Florida through 

11 Area Agencies on Aging. These agencies 

operate Aging and Disability Resource Centers 

(ADRCs). The ADRCs provide information and 

assistance about state and federal benefits, as 

well as available local programs and services. 

1-800-96-ELDER (1-800-963-5337)

www.elderaffairs.state.fl.us/doea/arc.php

Attorney General

The Florida Office of the Attorney General can 

take action against consumer fraud.

1-866-966-7226 (toll-free in Florida)

www.myfloridalegal.com

Better Business Bureau

The Better Business Bureau can help consumers 

with complaints against businesses.

BBB of Central Florida, Inc. 

www.centralflorida.bbb.org

info@centralflorida.bbb.org

Phone: 1-407-621-3300 

Fax: 1-407-786-2625 

BBB of Northeast Florida and The Southeast 

Atlantic 

http://www.bbb.org/north-east-florida/

info@bbbnefla.org

Phone: 1-904-721-2288 

Fax: 1-904-721-7373 

BBB of Northwest Florida 

www.nwfl.bbb.org

info@nwfl.bbb.org

Phone: 1-850-429-0002 

Fax: 1-850-429-0006 

BBB of Southeast Florida & the Caribbean 

(office located in West Palm Beach)

www.Seflorida.bbb.org

info@wpbbb.com

Phone: 1-561-842-1918 

Fax: 1-561-845-7234 

Where to go for help
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 23 

BBB of Southeast Florida & the Caribbean 

(office located in Miami Lakes)

www.bbbsoutheastflorida.org

mayling@wpbbb.com

Phone: 1-305-827-5363 

Fax: 1-305-827-5850 

BBB of Southeast Florida & the Caribbean 

(office located in Stuart)

www.bbbsoutheastflorida.org

info@wpbbb.com

Phone: 1-772-223-1492 

Fax: 1-772-463-2439 

BBB of West Florida 

www.westflorida.bbb.org

info@bbbwestflorida.org

Phone: 1-727-535-5522

Fax: 1-727-539-6301

Guardianship Association

The Florida State Guardianship Association 

provides education and opportunities for 

networking.

1-800-718-0207

http://www.floridaguardians.com

Long-Term Care Ombudsman Program 

Long-term care ombudsmen identify, 

investigate, and resolve complaints about 

long-term care. The Florida Long-Term Care 

Ombudsman Program is the statewide office.

1-888-831-0404

http://ombudsman.myflorida.com

This webpage has a list of local long-term care 

ombudsman programs:

http://ombudsman.myflorida.com/DistrictsList.php

Mediators 

Find a listing of local mediators on the website of 

the national Association for Conflict Resolution. 

Mediation can help resolve disputes and may 

sometimes be an alternative to legal action. 

www.acrnet.org (Click on “Membership,” then 

“Membership Directory,” then “Search”)

Medicaid/Medical Assistance 

In Florida the Department of Children and 

Families enrolls participants in Medicaid. 

1-866-762-2237

www.myflfamilies.com/service-programs/accessflorida-food-medical-assistance-cash/medicaid

Medicaid Fraud Control Unit 

The Medicaid Fraud Control Unit, in the Florida 

Office of the Attorney General, investigates 

and prosecutes abuse and fraud by health 

care providers. 

1-866-966-7226

www.myfloridalegal.com/pages.nsf/Main/

ebc480598bbf32d885256cc6005b54d1

Police or Sheriff 

Find a law enforcement agency by checking the 

local directory or visiting: 

www.fdle.state.fl.us/Content/getdoc/8f07d091-

0e0e-4633-856a-c1ed9211dc0e/CriminalJustice-Agency-Links.aspx
24 MANAGING SOMEONE ELSE’S MONEY 

Federal agencies

Numerous federal agencies play a role in 

combatting fraud and abuse and educating 

consumers. Contact them for more information.

Consumer Financial Protection Bureau

1-855-411-CFPB (1-855-411-2372)

www.consumerfinance.gov

Do Not Call Registry

1-888-382-1222 

www.donotcall.gov

Federal Bureau of Investigation 

www.fbi.gov/scams-safety

Federal Trade Commission

1-877-FTC-HELP (1-877-382-4357) 

www.consumer.ftc.gov

Financial Fraud Enforcement Task Force

www.stopfraud.gov

Postal Inspection Service

1-877-876-2455 

https://postalinspectors.uspis.gov/

Social Security Administration

1-800-772-1213

www.socialsecurity.gov/payee

Department of Veterans Affairs

1-888-407-0144

www.benefits.va.gov/fiduciary

For legal help

Free legal services for people over age 60

Find local programs that provide free legal 

representation to people over age 60 by 

contacting the Florida Senior Legal Helpline. 

The Helpline provides free legal advice 

and brief services by telephone to eligible 

Florida residents age 60 and older, for civil 

(not criminal) legal problems. The Helpline 

also helps seniors find legal providers in their 

communities and makes referrals to state and 

local regulatory agencies. 

1-800-96-ELDER (1-800-963-5337)

Free legal services for low-income people

Find local programs that provide free legal help 

to low-income people through FloridaLawHelp.

org, a website administered by Florida Legal 

Services. The website also includes general 

resources and self-help forms on a broad range 

of civil legal issues. 

www.FloridaLawHelp.org

Free legal services for people with 

disabilities

Florida’s program that provides free legal help 

for people with disabilities is Disability Rights 

Florida. 

www.disabilityrightsflorida.org

Fee-for-service lawyers

This is a web page sponsored by the American 

Bar Association. It provides information about 

how to find a lawyer in each state. It also has 

information about legal resources available in 

each state, how to check whether a lawyer is 

licensed, and what to do if you have problems 

with a lawyer.

www.findlegalhelp.org
HELP FOR TRUSTEES UNDER A REVOCABLE LIVING TRUST IN FLORIDA 25 

The Florida Bar web page has information 

about finding a lawyer, legal resources available, 

what to do if you have problems with a lawyer, 

and tips for consumers. The Florida Bar also 

has a Lawyer Referral Service. Its lawyers 

charge clients $25 for the first half-hour office 

consultation. The Lawyer Referral Service also 

has an Elderly Referral Panel, which provides 

a free 30-minute office consultation to eligible 

persons. The Lawyer Referral Service is available 

Monday through Friday, 8:00 a.m. until 5:30 p.m.

The Florida Bar: 1-850-561-5600

Lawyer Referral Service: 1-800-342-8011

www.floridabar.org/tfb/flabarwe.nsf/b23386eb

703b092d85257012005dbfef/280f5600978c20

a68525788500624182

For accounting help

Accountants

Find a local certified public accountant on the 

website of the American Institute of CPAs. 

www.aicpa.org/ForThePublic/FindACPA/

Pages/FindACPA.aspx
September 2015

 consumerfinance.gov

 Consumer Financial Protection Bureau

1700 G Street NW

Washington, DC 20552

 Toll free: (855) 411-CFPB (2372) 

TTY/TDD : (855) 729-CFPB (2372)

 info@consumerfinance.gov