Legal Question in Family Law in Florida

I am power of attorney for my 76 year old mother who lives in Virginia. I live in Florida. She has a male "friend" who is not tied to her legally in any way, (and is actually married to someone else), but he interferes with her care and goes against the decisions that the family is making for her. One example: when her driver license was recently revoked because she failed the evaluation her doctor sent her to have, the family physically took her license as instructed. He knew the doctor was going to report the test results but took her to DMV to get a temporary license until the doctor actually reported it through DMV so that she could still drive.

Second example: Because she has Medicaid, she has a minimum of hours that a caregiver has to spend with her each week in order to keep her benefits. He has purposefully taken her away from her residence on days previously set up for the caregiver to be there at a given time, and the caregiver has gotten in trouble with her company for not putting in the designated hours.

Bottom line - is there anything legally that can be done to keep him from interfering with her care and the decisions that the family is trying to make for her? I have tried on numerous occasions to try and reason with him, but he is very pompous and to quote him, "it is better to be happy than to live long".


Asked on 8/01/16, 4:36 pm

2 Answers from Attorneys
John Smitten Carey and Leisure

Try to get some type of restraining order, in VA.

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Answered on 8/01/16, 6:41 pm
Lucreita Becude Lucreita D. Becude, P.A.

I would have to agree with Attorney Smitten. You should try and obtain a restraining order. Also contact the Elder Abuse Office in the area she is living and have them go out and do a report with her. He may be selling off her furnishings, depleting her bank account and many other things that can happen. If she has become mentally disabled - i e dementia and/or Alzheimer you should go ahead and place her in a nursing facility and sell her home to help with her expenses.

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Answered on 8/02/16, 8:50 am


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