Legal Question in Real Estate Law in Florida

Re: Durable Power of Attorney and Incompetency

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.

Yes, I believe your brother would have to agree. A power of attorney can be revoked at anytime by the maker so it is not absolute.

If you had your brother declared incompetent and were declared his guardian, then you would have the final say over him and his financial affairs. This is a costly procedure, however, and requires a court order after thorough investigation. You should consult an attorney to review your options.

Scott R. Jay, Esq.