Legal Question in Family Law in Florida
My mother has dimentia issues, she had her sister type up some documents that didn't specify her wishes. bank clerk gave my mother legal advice & revised doccument on poa and will, will that document be legal ? (also signed it as a witness)
Asked on 12/05/15, 11:00 am
3 Answers from Attorneys
John Smitten
Carey and Leisure
If she has dementia she does not have the capacity to sign a POA. You need a guardianship order.
Answered on 12/05/15, 11:23 am
David Slater
David P. Slater, Esq.
Depends on her mental condition at time of signing.
Answered on 12/05/15, 11:31 am
Lucreita Becude
Lucreita D. Becude, P.A.
report the bank person to the manager and tell him you plan to file suit for undue influence of your mother. She is ill and must have a guardianship - not a POA.
Answered on 12/06/15, 2:26 pm