Legal Question in Elder Law in Florida

My mother, a stroke patient and in my sister's care, although my sister does not have gaurdianship nor power of attorney, has suddenly given her house to my sister, without cost. She is also using my mother's monies and savings. This doesn't sound like what my mother would typically do. Any ideas?


Asked on 2/22/11, 9:04 am

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

Basic advice in described situation:

If you believe there is reason to doubt the mental and physical capacity of your mother to make important decisions regarding her life choices, care, and finances, you should initiate, perhaps with the support of other family, the appointment of a guardian. A petition to a Florida probate court can result in determination of mental capacity, appointment of a guardian, and other important decisions. Such determination would enable you to assess the decisions regarding the house and finances of your mother.

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Answered on 2/22/11, 9:55 am
Lucreita Becude Lucreita D. Becude, P.A.

I agree with Mr. Martin and if you hope to retain any assets of your mother's, I suggest you RUN to the nearest court and file emergency temporary guardianship papers.

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Answered on 2/22/11, 3:07 pm


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