Legal Question in Wills and Trusts in Florida
My father is ambulatory and my sister is allowing his caretaker to leave him hom
My sister moved my father against his and my wishes to a very expensive home she bought with a tust of his. She has power of atty. She now lives with him and his caregiver.
My sister allows the caregiver to leave my father alone while she goes out,''so long as he is sleeping.''
My sister refuses to give my family or myself his address and no one will answer the phone when we call.
She also can't explain wher over $200,000 of his money has gone as weill as other things. Please help me, I would like to see my father before he passes and worry that the wrong person may have power of atty.
2 Answers from Attorneys
Re: My father is ambulatory and my sister is allowing his caretaker to leave him
If she is abusing the power you may seek court intervention.
Re: My father is ambulatory and my sister is allowing his caretaker to leave him
You can ask to court to looking into a possible breach of fiduciary duties. If you father is incapacitated, you can also start gardianship proceedings petitioning to be your father's gardian and/or the gardian of his estate. These proceedings would suspend the durable power of attorney until a final outcome and permanently if gardianship is granted (you need to let the financial institutions know about the suspension/termination). You will need to be represented by an attorney. Once gardianship is established, there will be court involvement throughout its duration. Good luck.
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