MANAGING SOMEONE ELSE’S MONEY 

Help for agents under a 

durable power of attorney

in Florida

Consumer Financial

Protection Bureau

HELP FOR AGENTS UNDER A DURABLE POWER OF ATTORNEY 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 AGENTS UNDER A DURABLE POWER OF ATTORNEY IN FLORIDA 3 

What’s inside

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

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

What is a fiduciary? 6

Durable power of attorney questions and answers 6

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

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

Duty 2 | Manage Martina’s money and property carefully 11

Duty 3 | Keep Martina’s money and property separate 13

Duty 4 | Keep good records 14

More things you should know ���������������������������������������������������������������������������������������15

What if there are other fiduciaries? 15

Government benefits require special fiduciaries 15

How can you avoid problems with family or friends? 16

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 Martina has been exploited? 18

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

How can you protect Martina from scams? 19

What can you do if Martina 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 AGENTS UNDER A DURABLE POWER OF ATTORNEY IN FLORIDA 5 

Why read this guide? 

Like many people, you may never have been an agent under a durable power of 

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

for agents under a durable power of attorney in Florida. This guide will help you 

understand what you can and cannot do in your role as an agent. 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 an agent, 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 durable power of attorney, this guide is not 

designed for you. Talk to a lawyer or go to the webpage of The Florida Bar, 

www.floridabar.org, to see if it has helpful resources.

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

become an agent under a durable power of attorney 

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, let’s call her Martina. Martina has signed a legal 

document called a durable power of attorney. In it, she names you as 

her agent and gives you the power to make decisions about money and 

property for her. 

The law gives you a lot of responsibility as Martina’s agent under a 

durable power of attorney. 

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 

Martina’s money and property for her 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 a family member or not.

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

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

you must keep in mind:

1. Act only in Martina’s best interest.

2. Manage Martina’s money and property carefully.

3. Keep Martina’s money and 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 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!

Durable power of attorney questions 

and answers 

What is a durable power of attorney?

A durable power of attorney is a legal document. Martina made 

a durable power of attorney to give you legal authority to make 

decisions about her money or property so that you can make 

decisions for her if she is sick or injured. 

Under a durable power of attorney, Martina is called the principal. 

You are called the agent. Another name for agent is attorney-in-fact.

Different types of 

fiduciaries exist

In your role as agent, you 

may act as or deal with 

other types of fiduciaries. 

These may include: 

Trustees under a revocable 

living trust—someone 

names them to manage 

money and property.

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 AGENTS UNDER A DURABLE POWER OF ATTORNEY IN FLORIDA 7 

Martina could also make a health care power of attorney if she 

names someone to make decisions about her health care. In 

Florida this is called a designation of a health care surrogate. 

(We don’t discuss a designation of a health care surrogate in this 

guide, but if you want more information about that, go to 

http://www.floridagovernmentonline.com/topic/235.)

Can Martina still manage her money and property 

after signing a durable power of attorney?

If Martina signed her durable power of attorney on or after 

October 1, 2011, your legal authority to act for her took effect 

immediately. But if Martina signed the document before October 

1, 2011 and it says that you may not act until a date has passed or 

an event has occurred, then you do not have authority to act until 

that date or event. 

No matter when your authority to act takes effect, as long as 

Martina is able to make decisions, she can make decisions about 

her money and property or she can give you instructions about 

acting for her. 

Can a durable power of attorney be changed or 

revoked?

Martina can take away (or revoke) your authority to act as 

her agent at any time if she wants to and is still able to make 

decisions. If she does take away your authority as her agent, 

you must stop making decisions for her. Martina should tell any 

people or businesses you were dealing with about her decision 

to take away your authority. 

What if you think the change was the result of fraud 

or abuse?

If you think Martina does not understand the decision she made 

to remove your authority and is being abused or exploited by 

someone else, talk to a trusted family member; a lawyer; or an 

official from adult protective services, the police, or the sheriff.

Don’t expect others to 

know what an agent is 

or does. 

They may not understand 

that you have been named 

as an agent. 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 

When do your responsibilities end?

If Martina revokes your authority, your responsibilities end. In addition, your authority 

to act as Martina’s agent ends when she dies. Promptly notify her bank or other 

businesses with which you interacted as her agent. Even if you can easily pay some 

of her outstanding bills, you will no longer have the authority to do so. If you are 

married to Martina, your authority to act as her agent will end if you or she files for 

divorce, unless the durable power of attorney says you should continue to act. If a 

court names a guardian of the property to act for her, your authority as agent will 

end unless the court says you should continue to act.

What happens if you can no longer serve as agent?

If you are not able to act as Martina’s agent and she cannot name someone else 

to act for her, tell a trusted family member or a government agency such as adult 

protective services. If you cannot act as her fiduciary, she will need someone else to 

help her.
HELP FOR AGENTS UNDER A DURABLE POWER OF ATTORNEY IN FLORIDA 9 

Four basic duties of a fiduciary 

Duty 1 | Act only in Martina’s best interest

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

decisions that are best for her. This means you must ignore your own interests and 

needs, or the interests and needs of other people. 

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

§ Read the durable power of attorney and do what it says. Your authority is strictly 

limited to what the document and Florida law allow. Follow Martina’s directions in 

the document, even if you have the best intentions in doing something different. 

§ Understand when the durable power of attorney becomes effective. If Martina 

signed her durable power of attorney on or after October 1, 2011, your legal 

authority to act for her took effect immediately. But if Martina signed the document 

before October 1, 2011 and it says that you may not act until a date has passed or 

an event has occurred, then you do not have authority to act until that date or event. 

No matter when your authority to act takes effect, as long as Martina is able to 

make decisions, she can make decisions about her money and property or she 

can give you instructions about acting for her.

§ As much as possible, involve Martina in decisions. Many things can affect your 

decisions about Martina’s money and property. For example, you might feel 

pressure from others. Martina’s abilities to make decisions might change from 

time to time.

Even after it is clear that you must make decisions for Martina, ask her what she 

wants if she can communicate. If she can’t say what she wants, try to find out what 

she would have wanted. Look at any past decisions, actions, and statements. Ask 

people who care about Martina what they think she would have wanted. Make the 

decisions you think Martina would have wanted, unless doing so would harm her. 

Put her well-being above saving money for others who may inherit her money and 

property. Make sure she is safe and comfortable, and her needs are met.
10 MANAGING SOMEONE ELSE’S MONEY 

§ Avoid conflicts of interest. A conflict of interest happens 

if you make a decision about Martina’s property that may 

benefit someone else at Martina’s expense. As a fiduciary, you 

have a strict duty to avoid conflicts of interest—or even the 

appearance of a conflict of interest. 

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

others. Florida law generally does not allow you to make gifts 

to yourself or to others unless:

ú Martina says in the durable power of attorney that she 

allows you to make gifts, and 

ú she has signed or initialed next to the portion of the 

document that gives you that authority. 

Get legal advice before making any gifts. 

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

property when she dies. Florida law generally does not allow 

you to change Martina’s plans unless the durable power of 

attorney says that she allows you to change her plans and 

she has signed or initialed next to the portion of the document 

that gives you that authority. Get legal advice before making 

any changes. 

§ You only can pay yourself for the time you spend acting as 

Martina’s agent if two things are true. Florida law says that you 

can pay yourself only if:

1. The durable power of attorney says you can pay 

yourself or says nothing about payment; and

2. You are a “qualified agent.”

A “qualified agent” is defined by Florida law as:

ú the spouse or heir of the principal, 

ú a financial institution, 

ú an attorney or certified public accountant, or 

ú an individual who is a resident of Florida and who has 

never been an agent for more than three people at the 

same time. 

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:

Whose car is it?

You used Martina’s money 

to buy a car. You use it to 

drive her to appointments, 

but most of the time you 

drive the car just for your 

own needs. This may be a 

conflict of interest. 

Should you do business 

with family? 

Martina needs repair work 

in her apartment. You 

hire your son and pay him 

from Martina’s money. 

This may be a conflict 

of interest, even though 

the work was needed. It 

appears that you have put 

your personal interest to 

benefit your son in conflict 

with Martina’s interests.
HELP FOR AGENTS UNDER A DURABLE POWER OF ATTORNEY IN FLORIDA 11 

If you are allowed to pay yourself, you need to show that your fee is 

reasonable. To show that your compensation is reasonable, you must 

carefully document how much time you spend, what you do, and what you 

are charging. Look for information about what other people charge to do 

the tasks that you are doing for Martina. For example, the court in your area 

may have guidelines on what it pays guardians of the property to do similar 

tasks, or the local Area Agency on Aging may have helpful information.

Duty 2 | Manage Martina’s money and property carefully

As Martina’s agent, 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 durable power of attorney.

You have a duty to manage Martina’s money and property very carefully. Use good 

judgment and common sense. As a fiduciary, you must be even more careful with 

Martina’s money than you might be with your own! 

Follow these guidelines to help you make careful decisions:

§ List Martina’s money, property, and debts. To make careful decisions, you need 

to know what Martina owns and owes. 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 Trusts for which Martina is a beneficiary;

ú Stocks and bonds; 

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

ú Unpaid credit card bills and other outstanding loans.

§ Protect Martina’s property. Keep her 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 Martina owns any real estate, keep it in good condition. 
12 MANAGING SOMEONE ELSE’S MONEY 

§ Invest carefully. If you are making investment decisions for Martina, talk to a 

financial professional. 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 Martina’s needs and values. 

§ Pay bills and taxes on time. 

§ Cancel any insurance policies that Martina does not need. 

§ Collect debts. Find out if anyone owes Martina money, and try to collect it.

§ Take steps to have the durable power of attorney accepted. Sometimes banks 

or other businesses won’t do what you, acting as Martina’s agent, want them 

to do. A bank may refuse to accept the durable power of attorney and want 

Martina to sign its own form. This is a problem if Martina has lost the ability to 

act for herself. But Florida law requires the business to put in writing within four 

business days the reason for refusing to accept the document. And Florida law 

says a bank can’t require Martina to sign its own form if her durable power of 

attorney gives you authority to deal with the bank. 

As soon as you need to act as Martina’s agent, contact any businesses (such as 

banks) or people that she deals with and give them copies of the durable power 

of attorney. Never give away the original document. You can get certified copies 

of the original document. Florida law requires a business to honor the copy as if it 

was the original. The business can ask you for an affidavit confirming that Martina 

has not revoked the durable power of attorney. If someone will not accept your 

authority as agent, talk to a supervisor. If they still won’t accept it, talk to a lawyer. 

Florida law requires the business or person to accept the durable power 

of attorney unless the document was not signed as the law requires.
HELP FOR AGENTS UNDER A DURABLE POWER OF ATTORNEY IN FLORIDA 13 

Duty 3 | Keep Martina’s money and property separate 

Never mix Martina’s money or property 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 Martina’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 Martina’s money or property into your 

own or someone else’s bank account or investment account. 

§ Avoid joint accounts. If Martina already has money or property in a joint account 

with you or someone else, get legal advice before making any change. 

§ Keep title to Martina’s money and property in her own name. This is so other 

people can see right away that the money and property is Martina’s and not yours. 

Can Martina get any benefits? 

Find out if Martina 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 

Martina 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 

Martina’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-foodmedical-assistance-cash/medicaid.
14 MANAGING SOMEONE ELSE’S MONEY 

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

Martina’s money or property to show that you are Martina’s agent. For example, you 

might sign “Juan Doe, as agent for Martina Roe.” Never just sign “Martina Roe.”

§ Pay Martina’s expenses from her 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.

Duty 4 | Keep good records

You must keep true and complete records of Martina’s money and property. 

Florida law does not require you to give your records to someone or allow 

someone to look at them unless a court orders you to do that or Martina asks you 

to do that. 

Practice good recordkeeping habits:

§ Keep a detailed list of everything that you receive or spend for Martina.

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 Martina’s expenses with cash. Also, try not 

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

use cash, be sure to keep receipts or notes. 

§ Getting paid? In Florida, only a “qualified agent” can be paid for acting as a 

fiduciary. Florida law defines a qualified agent as: 

1. the spouse or heir of the principal, 

2. a financial institution, 

3. an attorney or certified public accountant, or 

4. an individual who is a resident of Florida and who has never been an 

agent for more than three people at the same time. 

If you will be paid, be sure you charge a reasonable fee. It is up to you to keep 

detailed records as you go along of what work you did, how much time it took, 

what you charged for it, when you did it, and why you did it.
HELP FOR AGENTS UNDER A DURABLE POWER OF ATTORNEY IN FLORIDA 15 

More things you should know 

What if there are other fiduciaries?

Co-agents

Martina may have named one or more co-agents to act with you. Florida law 

says that each co-agent can make decisions alone and act independently unless 

the durable power of attorney document says that the co-agents must agree on 

decisions or do something else. 

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

decisions. Even if you and a co-agent don’t have to agree on all decisions, you 

cannot let a co-agent do something that harms Martina. You are still responsible for 

her and must act in her best interest. 

Successor agents

Martina may have named a successor agent to act for her if you are not able to be 

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

as Martina’s agent.

Other types of fiduciary

Other fiduciaries may have authority to make decisions for Martina. 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.

Government benefits require special fiduciaries

As agent, you cannot manage Martina’s government benefits such as Social 

Security or VA benefits unless you get a separate appointment from the 

government agency as, for example, a representative payee or VA fiduciary. For 

more information, contact the government agency.
16 MANAGING SOMEONE ELSE’S MONEY 

How can you avoid problems with family or friends?

Family or friends may not agree with your decisions about Martina’s money and 

property. To help reduce any friction, follow the four duties described above and 

the guidelines we’ve given you. 

Florida law does not require you to share your records unless a court or Martina 

asks you to do so. If family or friends question or disagree with your decisions, get 

advice from a lawyer about sharing information and finding other ways of trying to 

sort out problems, such as talking with a family counselor or mediator. See Where 

to go for help on page 22 of this guide.

What should you know about working with professionals?

In managing Martina’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 Martina’s money. 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 AGENTS UNDER A DURABLE POWER OF ATTORNEY IN FLORIDA 17 

Watch out for financial exploitation 

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

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

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

things she has paid them to do. These may be examples of financial exploitation or 

financial abuse. As Martina’s agent, you should help protect her. You should know 

the signs of financial exploitation for five important reasons:

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

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

3. Martina 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 Martina’s agent; 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 Martina.

Look for these common signs of financial exploitation

§ You think some money or property is missing. 

§ Martina says that some money or property is missing.

§ You notice sudden changes in Martina’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;

ú Does not get bank statements or bills; 
18 MANAGING SOMEONE ELSE’S MONEY 

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. 

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

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

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

controlling her decisions.

What can you do if Martina has been exploited?

§ Call the emergency 911 number if Martina 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 Martina has been exploited. The role of APS is 

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

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

the local police or sheriff.

§ Alert Martina’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 Martina is in a nursing home or assisted living. 

§ Consider talking to a lawyer about protecting Martina 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.
HELP FOR AGENTS UNDER A DURABLE POWER OF ATTORNEY IN FLORIDA 19 

Be on guard for consumer scams 

As Martina’s agent, 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 Martina—and against you 

as her agent. 

How can you protect Martina from scams?

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

internet. They can occur in person, at home, or at a business. Here are some tips: 

§ Help Martina 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 Martina’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. 
20 MANAGING SOMEONE ELSE’S MONEY 

§ Watch for signs Martina 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?

What can you do if Martina 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.
HELP FOR AGENTS UNDER A DURABLE POWER OF ATTORNEY 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 AGENTS UNDER A DURABLE POWER OF ATTORNEY 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 AGENTS UNDER A DURABLE POWER OF ATTORNEY 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