Legal Question in Wills and Trusts in Florida
Can I sign an affidavit stating that I am the agent (attorney in fact) on a Durable Power of Attorney when the DPOA states that my mom is the attorney in fact unless she is unable or unwilling, then I become the "true and lawful attorney in fact?" Do I have to have proof (doctor's note stating she has dementia) that she is unable and/or unwilling?
Asked on 7/26/12, 7:19 am
1 Answer from Attorneys
Lucreita Becude
Lucreita D. Becude, P.A.
Who is teh DPA for? If your mother was elected the attorney in fact and can not perform the duties, then, who is next in line? You will need to file a notice of revocation of her appointment with the court and with the permission of whomever the DPA was for.
Answered on 7/26/12, 10:14 am
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