Legal Question in Elder Law in Florida

HELP!! I had power of attorney on both my parents in 2001. My sister managed to do another power of attorney in 2008 called dual power attorney. My father passed away almost one year ago leaving my mom an inheritance. Since then my sister stuck my mom in a nursing home because she claims she could not handle her which she is not ready for because she can walk, shower, go to the bathroom knows her name, president, birthdate, etc. Went to the nursing home my mom is crying wanting out and to live in an assistant living facilty near me where they speak her language and my sister has given orders at the nursing home that I can't take her out not even to lunch or transfer. Mind you she lives 6 minutes from her and has not come to visit her only calls her to abuse her and tell her shes not coming out that she has total control of her. How can I over turn that power of attorney and get my mom out? That nursing home is for people who are dying. She's the only one that can walk, eat, etc. on her own. I think what it comes down to is she has spent her money and wants to make sure she keeps all the money. I don't want a penney just want her moved near me and the court to appoint someone for her finances. Doesn't she have rights? Can't I take her out even though the home says I will be arrested. I would think you would not care where your mom lives as long as she is being taken care of. Also how can my sister have power of attorney when she herself is on disabilty for mental issues? My mom sits outside al day with no one to talk to and cries to please get her out of there. What can I do please help me.


Asked on 11/13/10, 4:07 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Grab an attorney - head for the nursing home - have her sign over power of attorney to you, send notice to your sister that she is no longer on the power of attorney and get her home with you. AFter that, let the attorney go after your sister for stealing her money.

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Answered on 11/19/10, 9:36 am


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