Legal Question in Wills and Trusts in Florida
Power of Attorney
My sister says she has power of attorney for my father because she was caring form him. He was brought to assisting living and things started servicing. She was keeping all his social securiy and VA Pension too. She also never paid his the assisting living, so my mother suggested that I become power of attorney and take all funds out of her hands. She still has the power to do what ever she wants. She is in trouble for stealing VA money from my father. But my question is if her power of attorney was dated before mine how can I make my more powerful. We do not want her touching his finances. She spent over 10,000 of his money and still puts things under his name like electric, cable etc. Big bills never paying anything he is now in credit bureau.She ruined Them. My mom has a heart condition she doesnt have the strength to do much, my dad has dementia, and she puts papers in front of him to sign he doesnt know what he is signing. Any informatin would be greatly appreciated.We want her to stop what she is doing. She made him get a VA loan for the house, and tricked him in signing a quick deed to put her name on it. please help.
1 Answer from Attorneys
Re: Power of Attorney
You have a very serious legal problem. I do not believe that dueling Power of Attorneys is the answer for you.
You need to meet with a competent elder law or probate and guardianship attorney and discuss a guardianship for your father. You should apply to be appointed as the legal guardian and immediately revoke any Power of Attorney in favor of your sister. As the legal guardian, you may also pursue legal action against your sister for missing monies on your father's behalf.
Scott R. Jay, Esq. (305) 249-8000
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