Legal Question in Elder Law in Florida

My eldery Mother, in florida, has given POA to my brother, who refuses to communicate with myself or our sister. My mother is still at her house, but has been in and out of nursing homes because of accidents. The admnistrators and doctor at the current nursing home have contacted me because they feel she is not safe at home. My sister and I contact the state elder services once before. They visited my mother and left b/c she said everything was okay. The doctor now says that my brother has been drugging her with strong anti-psychotic medication. My sister and I don't know what to do next? My Mom and brother are in W Palm Beach, FL. I am in NYC, my sister is in Chicago.


Asked on 2/20/10, 6:13 am

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

It sounds as though simple power of attorney is no longer sufficient to care for your mother. When a person is incapacitated, and there are not less restrictive means to take care of the person, a guardianship is appropriate. A POA can be one of the less restrictive means used to avoid a guardianship. You may want to initiate guardianship proceedings for your mother in FL. A court may appoint a professional guardian if there is not another alternative. Please consult with a FL attorney familiar with guardianship proceedings for help.

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Answered on 2/25/10, 7:19 am
Lucreita Becude Lucreita D. Becude, P.A.

Along iwth Ms. Grosse's advice, you might want to file a complaint with the Elder Abuse office in the county where your mother is so that they can investigate what is going on in the household.

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Answered on 3/05/10, 9:45 am


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