Legal Question in Elder Law in Florida

If your brother is mentally sound, he can revoke the POA, change the person designated on

the POA as his attorney-in-fact, or add another person as his authorized agent to perform

specified actions. If your brother lack mental soundness and has no guardian appointed by

a court, he cannot change the POA. His stepson has a legal responsibility to discharge his

duties and fiduciary responsibilities consistent with the POA in the best interests of your

brother. You can remind him of the responsibility; if he refuses to cooperate, you can inform

the nursing home or primary care provider. If his stepson is also his health care surrogate, the primary care provider can designate a different person. If you consider the stepson to be seriously irresponsible and your brother lacks mental soundness, you could ask a probate court to appoint a guardian. Such situations are difficult to handle.