Legal Question in Elder Law in Florida

My aunt has power of attorny over my mother and is keeping me from seeing her and will only let me speak to her if i call aunt she will not give me my moms number and will not let me send gifts unless i send them thru her. She moved my mother to another state and placed her in nursing home. can I do somethinf about seeing my Mother without going thru my aunt.


Asked on 5/07/11, 8:02 pm

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Your legal options depend largely on the status of your mother and aunt. Does your mother have legal capacity or is she adversely affected by dementia or other issue which has resulted in mental incapacity? If your mother no longer has sufficient mental ability, your aunt, as DPOA designated agent or if appointed as guardian, has authority to make basic decisions regarding finances and care. You may have the option of raising your issues and concerns in local probate court, but you will have the burden of proving that your aunt is unduly restricting your visitation with your mother and not making decisions in the best interest of your mother.

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Answered on 5/08/11, 5:59 am


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