Legal Question in Elder Law in Florida

I live in Florida. My mother lives in the same community as I, but in a different building. I also have two older sisters who live out of state. My sisters are under the impression that since I hold a Durable General Power of Attorney for our mother (I am "Agent" and they are alternates) and her Living Will Declaration, that I am our mother's "Primary Care Giver". As a result, should my mother fall or otherwise become injured or die, I could go to jail for neglect. There is no Court or other type of document stating I am her Primary Care Giver. I work for a living, am in constant contact with our mother and see her/help her out. She wishes to live alone, and my sisters know this. I do the best I can under the circumstances. We have very little money. Is what my sisters are saying true? I just happen to be our mother's next door neighbor. I take the best care as possible of her. Cannot afford a nurse or anything to stay with her during the day. She is pretty self-sufficient, i.e., bathes herself, cooks, uses the bathroom. Her mental faculties are fine. She gets around with her cane and in a wheelchair (difficult for her to walk) and is perfectly happy staying in bed watching TV. We eat together once a week. The rest of the time, she (tells me) she eats on her own. She has regular visits to her doctor.

Thank you.


Asked on 12/23/11, 9:05 am

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

No, you are not her primary care giver or primarily responsible for her care if your only

authority is provided by a DPOA or Living Will Declaration. You are not her Guardian unless you have been so appointed by a court. A DPOA only gives legal authority (by your mother) to perform certain actions for your mother such as payment of bills, access to financial accounts, payment of taxes, etc. A review of the DPOA or Living Will will indicate that your

duties are limited, may be changed by your mother, and does not require that

you be responsible for her care and comfort, although it appears that you assist

your mother in such matters to the best of your ability. Her primary care physician is responsible for health and medical issues.

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Answered on 12/23/11, 9:38 am


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