Legal Question in Real Estate Law in Florida
my mom has dementia and i am caring for her. i also have legal power of attorney. She has a property in Florida that she is trustee of. It was her mothers and she is deceased. It is costing money and I need to sell it. Do i have legal autority to sell it? The POA states that I have the right to sell but this is a that she owns by trustee on the deed.
2 Answers from Attorneys
This question can only be properly answered after a thorough review of the power of attorney AND the trust. If the POA and trust together provide for the proper authority, then you may be able to sell the property as the attorney in fact. I suggest that you speak with an attorney in Florida who may review both documents and provide an opinion.
No. A POA first of all is only good while the principal (your mother) is competent. To be used now it would have be a Durable Power of Attorney (DPOA) since she has dementia and is probably incapacitated.
Even if it was a DPOA, that only gives you the right to act on her personal affairs, not those that she exercises in a fiduciary capacity (such as a Trustee for something like a Trust).
What you have to do is look at the Trust to see the conditions by which a Successor Trustee can take over. Hopefully there is a provision that allows for affidavits by doctors to state her inability to serve, and you are named the successor.
To make sure this may work, you really need to show the documents to an attorney for review and advice. This isn't something you can easily self-help yourself on.