Legal Question in Family Law in Florida

I am a 65yr old nurse who has a durable power of attorney, health care surrogate, living will for my mother who is over 90 and has Alzheimers. She and my step-father have lived with a daughter and her husband for several years. My mother recently was placed in a nursing home after hospital discharge. My stepfather collapsed that day and after some time he is now in the same home. My son-in-law states he is going to take me to court and that my mother is going home. I feel she is better in the nursing home for long term care due to several facts: their home is under foreclosure, have been served eviction papers, filed for bankruptcy, and have been taking my mothers Xanax, Ambien, etc. I could go further but time won't permit. My step-father was sent back out to the hospital yesterday viz rescue. I am not sure of the problem due to the family now not having anything to do with me. The nursing home business manager states that my step-father has the right to take my mother home if she agrees. What and where do I go to apply for guardianship and to have her declared legally incompetent? They say that unless she is declared incompetent that if she agrees to leave that it would over ride my POA. I firmly wish to keep her there for safety and the 24/7 care she requires.

Asked on 12/28/10, 8:50 am

Lucreita Becude Lucreita D. Becude, P.A.

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Any elder law attorney could help you. If you are in my area, contact my office for an appointment.

Answered on 1/03/11, 7:02 am

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