Legal Question in Elder Law in Florida

Re: elder care

The husband does not own his wife. She can go wherever she wants. However, if he has been appointed guardian over her body, he can. Marshal your evidence of abuse, take your mother to two physicians for an examination about her mental health. If she is not competent, a Chancery Court can appoint whomever it believes to be the best person as her guardian. Usually, that would be the spouse. So you will have to prove that you are the better choice. Also, if your mother was not competent when the power of attorney was made, it is not effective; and if she was then competent, it may no longer be effective unless it was a durable power of attorney. Also, it really cannot give one person guardianship over the person who wrote the power of attorney, but it is evidence the court can consider in appointing a guardian.

Re: elder care

She can ask you to assist her now even without the poa. If you need advice e-mail me your phone # to discuss this matter further.