Legal Question in Wills and Trusts in Florida

This past year I started to notice that my 82 year widowed mother's mind was beginning to slow down somewhat,so I sat down with her and dicussed with her to give me Power of Attorney over her estate and she was most willing to do so. The first of Jan. 2010 we had all legal paper work processed and recorded giving me the POA. Let me also mention that I have one living sibling (brother) who is married to the wicked witch of the south and she and my brother did not know that our mother had given me POA,because they had been taking advantage of mother and her generous giving heart and were actually robbing her of her income on a monthly basis,always using some desperate excuse of needing monthly,so she would write $200-$800 at a time and with her mind slowing slipping away,would forget she had given the funds to them,so I felt as she was being taken advantage of so I am now POA of her estate. Here's the problem & question: They,not knowing I had POA,came and took my mother and also had her sign them as her (mother) as POA of her estate,and since I already had it done a month ago,which of us is the true and legal POA for our mother????


Asked on 2/11/10, 8:51 pm

2 Answers from Attorneys

Richard Stoffels Stoffels Law Group

Both may be. It is possible to have name more than one person your attorney in fact.

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Answered on 2/17/10, 4:22 am
David Slater David P. Slater, Esq.

Both. Have a guardian appointed.

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Answered on 2/17/10, 8:32 am


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