Legal Question in Family Law in Florida

My Brother and his Wife are keeping me from seeing my Elderly Mother. My Father passed away in December and we agreed that we would share caring for her when someone was not able to stay with her at her home. Since December they have made it difficult to speak with her. I get to talk with her about twice a month on average. She has asked to come visit with me when we talk and she has never been allowed to. She has Alzheimer's but is still functioning very well. My Brother does have a POA, I have never actually seen it... The only POA I think he has was to ask to represent my Dad on a civil matter and the judge declined his request to represent my Dad.

I think the reason they are avoiding me having contact with Mom is that they are exploiting her for financially. They talked my Mom and Dad into taking care of their bills a few years before Dad passed and Mom was no longer able to handle the bills. Now that Dad is gone and Mom is not aware of they are not paying the mortgage and intend to let the property go with is listed as an Estate Property on the tax office as my dad intended for my Brother and I to split it. My Dad died suddenly and he did not have a living will that I know of. I really dont care about the property or finances, I just want to see my Mom to make sure she is okay. They have also missed doctors appontments and I ahve been told its none of my business! I am the first born Son and my Brother is 5 years younger than me. I am not sure what to do... My Mom has asked me to come get he so she can visit with me and my family for Thanksgiving. Should I just drive to his house and ask is she wants to come. She is free to make up her own mind right??? POA does not allow someone to cut off her Son and family and friends. She has family and friends that she has not been allowed to contact in about 9 months! Its not right! What do I do.


Asked on 11/10/16, 3:39 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

File an immediate energrncy temporary guardianship of your mom. Yes they are exploiting her funds and if she missed doc appt. They may have abused her. What the heck r u waiting for.

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Answered on 11/11/16, 9:51 am


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