power-of-attorney abuse
I have an 88 year old stepmother,
with Alzheimer's, who is living in an
apartment in Palm Beach, Florida.
She also has another apartment in
Manhattan that is worth in excess of
a million dollars. Last year, (Dec
2007) she appointed the son of a life
long friend as her power of attorney.
In Sept, 2007 (3 months prior to the
appointment) she had given him and
his family permission to live in the
Manhattan apartment because he
was in poor financial straits. She was
going to permanently live in Palm
Beach. Now after being her power of
attorney for a little more than a year
he is asking her to give (gift) him
ownership of the apartment. She has
said no to this, but I fear that he will
continue to apply pressure. In
addition he also wants her to pay for
his son's tuition in a Manhattan
private school.
Are the actions that he has taken
an abuse of his power of attorney
duties? Since he has been charged
with overseeing her financial
business, it seems unethical to me
that he is helping himself to the
assets. Do I need to seek counsel to
protect her?
3 Answers from Attorneys
Re: power-of-attorney abuse
Florida law provides that a holder of a power of attorney has a responsibility to use the power in the best interests of the person authorizing its use(your step-mother).The actions you have outlined would allow an attorney to take action to revoke the power of attorney.I have a law office in palm beach. If you would like me to help you in this matter send me an e-mail at [email protected] with a phone # to call you.
Sincerely,
Robert Roemer
Re: power-of-attorney abuse
I would take steps to go and visit your step mother tosee if she is being taken advantage of. She can revoke the POA without the need or expense of you hiring a lawyer and potentially alienating her with your actions. Try to go and see her and get a feel for what is up. Florida also has a very active elder abuse investigative agency with DFC. You can get information about that at myflorida.com . In the end, if you hire a lawyer, you should visit the area and see a few lawyers to make a decision, so it will be easy for you to check on your step mother at the same time.
Re: power-of-attorney abuse
You describe a common situation, which unfortunately can be very difficult to deal with, with or without a lawyer. The fact that your stepmother has ALS is a twist of circumstance that
could actually work in your favor, to the extent that a property guardian may need to be appointed to oversee and distribute her money when she becomnes hospitalized, and incompetent.
The attorney in fact has authority under a power of attorney, that makes him a fiduciary. He can be sued for breaching his fiduciary duties but only by your stepmother, or her estate, or a guardian.
The recipient of unusual gifts from an incompetent or elderly person will have to demonstrate he did not exercise undue influence to receive these benefits, if and when her estate is distributed. In order to do something before she dies,however,you must consult an attorney.
Feel free to contact me.
Related Questions & Answers
-
[email protected] My mother reciently ouit claimed 1/2 her home in ST Cloud FL to me... Asked 3/04/09, 1:11 pm in United States Florida Elder Law
-
Applying for medicaid what is a millers trust - can one purchase a millers trust... Asked 2/26/09, 11:12 pm in United States Florida Elder Law
-
Long term care how do we put our house into a trust, so that if we ever became ill,... Asked 2/26/09, 12:35 pm in United States Florida Elder Law
-
Open an estate why would an estate not be open 7 weeks after a person passed away Asked 2/20/09, 4:54 pm in United States Florida Elder Law
-
80 year old needs advice, My dad passed, no estate, my mother gets notices from... Asked 2/02/09, 12:22 pm in United States Florida Elder Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
