Legal Question in Family Law in Florida
Power of Attorney
My Aunt and Uncle have Power of Attorney over my Mother, my Sister and I have talked to our Mother and she wants us to have her Power of Attorney, how can we go about changing it? She has already given them over $38,000 for ''helping''her. They never bothered going around her till they found out she has some Stocks and Annuities intended to be split between myself and my Sister at her death. Can you help us? Thank you,
1 Answer from Attorneys
Re: Power of Attorney
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You need to convince Mom to meet with an attorney who can draft an instrument to revoke the original Power of Attorney. She can then sign a new one in favor of you and your sister. The attorney should also review her will at the same time to make sure that your Aunt and Uncle have not added their names to the instrument.
Scott R. Jay, Esq.
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