The Short Answer

In Florida, a person acting under a power of attorney (the “agent”) is a fiduciary and must act in your mother’s best interest and within the authority granted by the document. If your sibling sold your mom’s property outside that authority, for self-benefit, or without proper records, Florida law can impose financial liability and require restoration of losses—but the right strategy depends heavily on the title history, the POA language, and whether the buyer was a good-faith purchaser.

What Florida Law Says

Florida’s Power of Attorney Act treats the agent as a fiduciary. That means your sibling must act in good faith, stay within the scope of the power of attorney, avoid conflicts of interest, and keep records of transactions made on your mother’s behalf. If those duties are violated, Florida law provides remedies that can include restoring the value of the property and shifting certain attorney’s fees and costs back to the agent.

The Statute

The primary law governing this issue is Fla. Stat. § 709.2114.

This statute establishes that an agent is a fiduciary who must act within the granted authority, act in good faith and in the principal’s best interest, and keep records of receipts, disbursements, and transactions.

In addition, Fla. Stat. § 709.2117 provides that an agent who violates the Power of Attorney Act can be liable to the principal (or the principal’s successors in interest) to restore the value of the principal’s property as if the violation had not occurred, and to reimburse certain attorney’s fees and costs paid from the principal’s funds for the agent’s defense.

Why You Should Speak with an Attorney

Even when a sale feels clearly “wrong,” unwinding it or recovering funds is rarely straightforward. Legal outcomes often depend on:

• Strict Deadlines and Standing: Who can demand records or sue can change depending on whether your mother is living, incapacitated, or deceased (for example, after death, the personal representative or successors in interest may request disclosures under Florida’s POA rules). See generally Fla. Stat. § 709.2114(6).
• Burden of Proof: You typically need evidence showing the agent exceeded authority, failed to act in your mom’s best interest, self-dealt, or failed to keep adequate records. The paper trail (closing documents, deed, settlement statement, bank records) often determines whether you can prove a breach.
• Third-Party Protections: Florida law can protect third parties who accept a power of attorney in good faith, which can affect whether the sale can be challenged versus focusing on recovering money from the agent. See generally Fla. Stat. § 709.2119.

Because real estate transfers can involve innocent buyers, lenders, and title insurers, trying to handle this alone can lead to missed claims, avoidable delays, or a result that’s impossible to fix later. A Florida probate/elder law attorney can quickly assess whether the best path is an accounting demand, a civil claim for breach of fiduciary duty, an emergency court petition, or a probate-based remedy if your mother has passed away.

If you’re also dealing with estate administration issues, you may find this helpful: Can a Florida Executor (Personal Representative) Sell Estate Real Estate Without Court Approval?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.