Legal Question in Wills and Trusts in Florida
dual power of attorney
My father lives next door to me in DE for 7 months and lives in FL in a condo for 5 months. My sister lives 1 mile away from him in FLA. I just found out she is his power of attorney. My question is, is it possible for me to be power of attorney over the property in DE and she be the power of attorney for property in FLA? I just don't like the fact that she has full control over both properties. If something should happen to him in DE I just feel more comfortable with me taking care of things. Am I being paranoid? Thank you for your time. Should I be concerned with this the way it is or press my father to have a dual power of attorney for both properties.
1 Answer from Attorneys
Durability of Pwr. of Atty.
Facts: Father lives next door in DE for 7 months and in FL for 5 months close to my sister. I just found out she has his power of attorney.
Q. Is it possible for me to be power of attorney over the property in DE and she be the power of attorney for property in FLA?
A. Yes, if your father agrees. He can execute a joint power of atty. to both of you or two [2]individual ones for each of the properties. A Pwr. of Atty. cannot be used after death occurs. You are rightfully concerned and should have a talk with your father and/or a joint call or conference to express you concerns. Your concerns are legitmate and you make a good point. Your father needs to address your concerns with you while he can. He probably has some reason for what he has done and should share it with you.
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