Legal Question in Family Law in Florida

Poa

We are a very close family. Mom died 2 yrs. ago. Dad at 79 meets a woman. She claims has best interest in mind. This woman has taken over all of his financial matters. My Dad was diagnosed with dimensia / early stage Alzheimers by his physician (I think around 2005) My Mom and Dad made me POA 15 yrs. ago; this new lady convinced him to delete me as POA. My 3 brothers and I believe that she is taking advantage of this situation. We cannot get any answers from her. My Dad is totally relying on her for his every move, he claims he loves and trusts her. That is all fine and wonderful but there has got to be something we can do to control what few assets that remain untouched by her. Please help us. My Mom and Dad worked too hard all their lives for it to be taken by a stranger. Thank you. joz How do I find out if my Dad really might be in fact mentally incompetant so that I can take things further? Also, I do not know if he has named this new lady POA or Executor. help!


Asked on 3/25/08, 1:07 pm

2 Answers from Attorneys
Robert Roemer Robert Roemer

Re: Poa

Generally, in Florida you may start a guardianship proceeding where your father would be determined incapacitated as a result of the dementia. The Court may also find limited incapacity which is where someone is found to need assistance with some things, such as finance.

If you need further information, feel free to e-mail me your phone number.

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Answered on 3/25/08, 2:17 pm
David Davies Law Office of David H. Davies

Re: Poa

Mr. Roemer recommends the best approach and I suggest that you take action on this as quickly as possible. A key issue will be decided by a physician. The court will be looking for a report or determination by a doctor that your father is in need of a guardian either because of physical or mental limitations , or both.

You need to talk directly to an attorney on this matter as soon as you can. I have been assisting clients in these types of situations for over 30 years and will be glad to discuss the issues if you want to contact me. Or charge or obligation for an initial confidential conferenc.

Good luck!

DHD

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Answered on 3/27/08, 11:49 pm


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