Legal Question in Elder Law in Florida

Re: Power of Attorney

it totally depends on the competency of your mother-in-law when she signed either power of attorney. I recently litigated a case in which the competency issue was the central argument in the case. If you need some assistance in deciphering this problem send me an e-mail at my address and a phone number I can reach at to discuss this further.

Re: Power of Attorney

A power of attorney is valid until a revocation, signed by your mother and notarized, is sent to your sister in law and recorded in the public records of the county.

Re: Power of Attorney

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A Power of Attorney is valid unless and until it is formally revoked if it was valid at the time it was given. That means that your mother-in-law must have been competent as the time she gave the Power of Attorneys to each of you. If so, then both of the Power of Attorneys are valid and you may have some uncomfortable situations to deal with as a result.

Scott R. Jay, Esq.