Legal Question in Elder Law in Florida

Re: Power of Attorney/Guardian

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Once a guardian has been appointed, the guardian generally has the final say to conduct the business affairs on behalf of your aunt if the guardianship included her property. If the guardian is truly not interested in the welfare of your aunt, then your father has the right to contest the appointment and ask that he be appointed instead.

The aunt's property and bank account(s) will be distributed according to the Last Will and Testament she had prior to being declared incompetent. If she did not have one, then she will be treated as intestate and the property will pass according to Florida law rules for intestacy.

Scott R. Jay, Esq.