Legal Question in Wills and Trusts in Florida

My best friend's brother has Power of Attorney over him. My friend has all of his mental capacities. In April of 2011, he was diagnosed with lymphoma cancer, which is now in remission...however, at the end of his chemo treatments, he suffered a toxicity-type mini stroke, with left him unable to walk or talk at full capacity.
My friend no longer wants his brother , or ANYONE to have power of attorney over him...he is afraid that his brother is going to put him in a nursing home should I no longer be able to take care of him.
Question: If my friend writes up another Power of Attorney designating no one as his Power of Attorney, does that over-ride the one his brother has now? My friend has repeatedly asked his brother for a copy of both is POA and his living will, and his brother always "forgets" to give them to him. His brother never comes to see him and is very indifferent about his illness, and my friend is deathly afraid that his brother, at the first sign that no one is there to take of my friend, will, as I stated above, put him in a nursing home. AGAIN, my friend has all of his mental capacities.

Asked on 12/04/13, 5:57 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

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Seek legal help. Appointing someone as POA does not mean that the individual gives up all their rights. They cannot be controlled by the individual with the POA. Most POA's provide internally for them to be withdrawn and they specify how that can be done. It needs to be in writing and copies provided to anyone who is operating under the assumption that it exists. If the POA was recorded somehow then a withdrawal of that POA needs to be recorded as well. The individual can make new living wills, health care surrogates and last wills anytime he wants and they would take priority over any prior ones.

Answered on 12/04/13, 7:49 am

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