Legal Question in Family Law in Florida

My Brother-in-law lives in Mass. His father who has Alzheimers was taken to Florida by his 2 daughters. there they got power of attorney and are primary caregivers. the father does not want to live ther he wants to come back to his home town in Mass and live with the Brother-in Law ans my sister. This was also his wifes dying wish. What can the brother-in-law do? it is really tearing him up


Asked on 1/08/10, 11:58 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

First of all, if the father was diagnoised with Alzheimer - you need to find out from the physician if he had any capacity to know his boundaries - ie where he lives, who his relatives are, etc.

If he was incapacitated to the extent that he could be easily confused, then he did not have the capacity to give a Power of Attorney and you can have it voided and have the father returned. Check out the laws for elder abuse and kidnapping. Might help you out

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Answered on 1/13/10, 1:13 pm
David Slater David P. Slater, Esq.

REtain counsel in Florida. The BIL may have to seek guardainship

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Answered on 1/15/10, 6:49 pm


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