Legal Question in Elder Law in Florida

My father have alzeimers my sister and step brother tricked him into signing a power of attorney form by telling him he was signing a form for insurance, his mental capacity was deminished when the form was signed.is this legal ? they are not acting in his best interest can this form be legally challenged


Asked on 9/07/11, 6:58 pm

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Yes. Signing a DPOA requires soundness of mind. A person who has been diagnosed with AD or any disorder which adversely affects mental capacity may be challenged as having the mental soundness to transfer his/or her legal rights to another person. A doctor who has examined the person can provide insight into the mental capacity of a particular individual.

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Answered on 9/07/11, 7:27 pm
Lucreita Becude Lucreita D. Becude, P.A.

YOu need to get an attonrey and file for guardianship over your father ASAP before what he has is gone.

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Answered on 9/08/11, 5:20 am


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