Legal Question in Elder Law in Florida

In 2002 my parents executed three documents giving me authority to handle their affairs: a designation of healthcare surrogate, durable power of attorney for financial management and living wills. These were executed in the state of Florida where they were living. My mother passed away and my father moved to New York to stay with my sister who was widowed, although he spent half his time traveling visiting other of his children. This year my father's health has declined, he is in the hospital. My New York sister took my father to an attorney in NY three years ago to execute similar health care documents. However, the documents I have for him were never cancelled. Presently my New York sister is making health care decisions for my father because he has developed dementia. However, she is making decisions based on what she wants done for him and not according to the terms of his living will. Can I step in and question her decisions based on the documents I have here in Florida? Or does the state of New York only recognize the latter documents executed in NY even though she does not follow his living will requests?


Asked on 7/02/10, 5:25 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Did your father give up his Florida residence. When did the dementia begin. IN some cases, if the dementia was already beginnnig then no documents should be changed. I suggest you get some information from his medical health records. Looks like;you will have problems with your sister.

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Answered on 7/03/10, 4:04 pm


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