Editorial: Florida should find better ways to stop financial abuse
In the right hands, a power of attorney can make it much easier to manage the finances of someone who can’t make their own decisions, or ensure they get the health care they need.
But too often, these powerful documents fall into what turn out to be the wrong hands — sometimes strangers, sometimes family or friends. That can result in shocking financial abuse, particularly for vulnerable people who lack close connections to provide oversight. Orlando residents are watching this narrative play out in the case against City Commissioner Regina Hill, who has been indicted on seven felony charges related to allegations that she abused a power of attorney that gave her control of a 96-year-old constituent’s finances. Prosecutors say Hill used that power in suspicious real-estate transactions, and to drain $100,000 from the woman’s bank accounts, spending the money on a hotel stay, vitamin injections, plastic surgery and other purchases. Hill (who has been suspended from office) maintains her innocence — and may yet be acquitted. But this story is shining a light on the inadequacies in Florida’s elder-protection laws.
Orlando Commissioner Hill’s case part of ‘epidemic’ of elder abuse, experts say
Easy and dangerous
Florida recognizes different types of power of attorney — or POA — contracts. They can grant a limited range of powers or extend over the entire range of a person’s finances. Some expire after a specific amount of time or when certain conditions are met. But others —so-called “durable” power of attorney — don’t expire unless they are canceled by the grantor. Florida also allows for medical power of attorney grants, which give power over health-care decisions to someone else if the grantor can’t make their own decisions.
The thing POAs have in common is this: They are very easy to execute, using standard language found on the internet, and can take force with the notarized signatures of two witnesses. And they can be nearly impossible to challenge if the grantor can’t make their own decisions. Unlike guardianships (which give the guardian total control of another person’s life) they don’t have to be registered with any court and aren’t subject to any oversight. Theoretically, the grantor can override a POA at any time.
This is by design. Having power of attorney can make it much easier and less stressful for those who are caring for other vulnerable people. But it can also put isolated seniors and others at risk of financial abuse.
That leaves Florida with a serious problem. A legislative bill analysis of the 2023 law that forms the basis of several of the counts filed against Hill cites 2021 FBI statistics on financial abuse of seniors, claiming that 92,000 victims over the age of 60 reported claims that year. Among the states, Florida posted the second-worst record in the nation, with 9,645 victims. Not all those cases involved power of attorney abuse, but many did — and it makes sense that many of the reforms aimed at POA abuse would also stop other kinds of fraud.
This leaves lawmakers with a significant challenge: The state has already increased legal penalties for financial exploitation of elders. What more can they do to protect vulnerable Floridians? The best place to start is to look at other states that have adopted innovations Florida has yet to consider. One good example, backed by the American Bar Association, is a process called Supportive Decision Making, a less-restrictive alternative to POA agreements and guardianships which allows a team of friends, family members and professionals to advise a disabled person in making decisions that best reflect their wishes. This process is authorized in 21 states, and it’s something Florida should consider.
The state could also benefit from a suggestion by the Florida Bar: Give state investigators the ability to look into financial records when they suspect abuse. Under current law, those records can’t be accessed unless the POA’s grantor gives permission. That leads to another likely necessity of increased funding for financial-abuse investigations.
There are no easy solutions here, unfortunately. Many cases of financial abuse are likely to go unreported. Public-information campaigns can fight that, but not always successfully. That doesn’t mean Florida’s leaders should give up. In fact, it should strengthen their resolve to protect vulnerable Floridians whenever possible.
The Orlando Sentinel Editorial Board consists of Opinion Editor Krys Fluker, Editor-in-Chief Julie Anderson and Viewpoints Editor Jay Reddick. Contact us at insight@orlandosentinel.com
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