Legal Question in Civil Litigation in Florida

my husband and I moved his mother to a nursing home after she was hospitalized while living with his sister. she stated her daughter had pushed her down and her other daughter had cursed at her on a regular basis. My husband was designated her POA, as she was afraid her daughters would try to visit and take her out of the facility, and "try to kill her". during her time in the facility, I used money from her trust account to purchase items for her. The daughters, beginning in 8/09 began calling her convincing her my husband and I were stealing her money, at which time she began complaining and wanting to live with her daughters. We complied and transferred her to a Nursing Home close to her youngest daughter. The nursing home she left was contacted and asked to show proof the $ taken from her account was truly for her, which I provided receipts and the nursing home corporate office was satisfied. After sending the info to the daughters' attorney, I received a call from the daughter saying she didn't believe the receipts were for her mom and stated if I didn't pay $575.00 she would get her attorney back and "wear me out." I have now received a certified letter from her attorney, as I was not willing to pay this, what sounds like extortion to me, to the daughter. Do I ignore this or do I pick up the letter and pursue it. I have no desire to engage in this personal attack, but am not sure what to do. Please advise


Asked on 11/16/09, 11:24 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Sounds like family bickering without legal consequence. If things get worse, she may need a legal guardian.

Read more
Answered on 11/21/09, 11:37 am
Sarah Grosse Sarah Grosse, Esquire

It sounds to me like she needs legal guardianship, appointed by the court. See an attorney familiar with probate/guardianship law for details. I do not think you are liable in the interim if you spent the money for the benefit of the elderly person.

Read more
Answered on 11/21/09, 1:52 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Florida