Legal Question in Wills and Trusts in Florida

Mom has dementia and brother changed her will and applied for Power of attorney

My brother went down to florida with my mom took her to an attorney revoked my sister and my POA. And changed her will while we all knew she had Dementia. my sisters and i have filed for guarianship and now the lawyer is saying we should not go for incapacity but dual guardianship. I am very confused


Asked on 9/26/07, 11:11 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Mom has dementia and brother changed her will and applied for Power of attorney

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.

If you are represented by an attorney, it is improper for another attorney to give you legal advice. Ask your attorney for further clarification so that you understand what he or she is suggesting.

Scott R. Jay, Esq.

Read more
Answered on 9/26/07, 11:43 am
David Slater David P. Slater, Esq.

Re: Mom has dementia and brother changed her will and applied for Power of attorney

I do not know what you mean by dual guardianship. The court will have to look into her capacity to sign a POA.

Eventually, there may be a will contest.

Read more
Answered on 9/26/07, 11:44 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida