Legal Question in Family Law in Florida
Durable Power of Attorney
I have Durable Power of Attorney with my brother, an alcoholic.
He lives in Florida and has only one asset left, his condo, which is in danger of being foreclosed due to his shaky payment history.
What do I have to do in order to be able to sell his condo? Must he agree?
If he disagrees, must I get him declared incompetent?
1 Answer from Attorneys
Re: Durable Power of Attorney
Usually a Durable Power of Attorney references his ability to function while ill. I believe you will need a General or Special Power of Attorney to deal with the real estate.
However, if you bring his competency into issue, then you may wind up in Probate Court seeking Guardianship.
If he diagrees and is incompetent, then if he agrees he would still be incompetent, no?
Run this by an attorney who practices where you brother and the condo are located.
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