Legal Question in Elder Law in Florida

A friend of mine (57 yrs old) has been living in the family home for the last 12 years. He has never been married and has two siblings who are married and do not live in the family home. Doug's mother passed a few years ago and his father, who is 87, went into assisted living in March 2013. Doug remains in the family home and pays the taxes and upkeep on the property. When his father went into assisted living, he gave power of attorney to his daughter-in-law because of her proximity to the facility. Now Doug's brother wants to sell the property. The father's will leaves the property to the 3 siblings equally. My question: Can Doug's brother (who's wife has power of attorney) sell the property and force Doug to move before the father dies? The father has been diagnosed with dementia and Parkinson's. He is lucid and cognizant but not ambulatory and needs 24 hour nursing care. Doug is the only sib who actually goes to see him and brings him home for a few days every month. The daughter-in-law pays for the father's care and handles his medical finances out of his accounts and insurance. Doug feels that he can not be forced to leave the family home. Does he have a legal leg to stand on?


Asked on 9/06/14, 5:22 am

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

Did the father give the poa or did Doug give the poa. If the father gave the poa , have him revoke it. Then have the father appoint Doug as the agent for his dad and have them turn over the accounts to him for review of expenditures. The house can only be sold IF and I say IF it it necessary to continue to keep him in his assisted living facility. The will makes no difference. You can not anticipate what you get if the party has not died.

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Answered on 9/12/14, 8:28 am


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