Legal Question in Wills and Trusts in Florida

POA and Nursing homes

My mother has designated me her POA (durable) however, her estranged husband has a different POA.They are both in Nursing homes with pending Medicare applications. My step father's POA will not cooperate with me and will not provide me info. They have the keys to my mother's house, their checkbook, their car and have searched all their belongings. They are writing checks, getting my stepfather to sign. I live in PA and they live in FL and I am not even sure if they are legally my step dad's POA. My mother's will states she would represent her husband and vice versa but now they are both in homes. Please advise.Thanks


Asked on 12/16/06, 10:01 pm

2 Answers from Attorneys

Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: POA and Nursing homes

By construction, only one POA can exist at one time...and that would be the one most recently signed. Therefore, retain counsel ASAP before this matter gets out of hand.

Please feel free to contact my office at your convenience to discuss this matter in more detail.

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law, P.C.

www.AlleghenyAttorneys.com

412.731.0865

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Answered on 12/18/06, 10:58 am
David Slater David P. Slater, Esq.

Re: POA and Nursing homes

Retain Florida counsel who can personally check all this out. A guardianship application may be necessary.

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Answered on 12/17/06, 11:37 am


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