Legal Question in Wills and Trusts in Florida

Re: probate

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.

Yes, a power of attorney can be abused by an unscrupulous child. If that should happen and the parent is unable to stop the child due to infirmities, the other children can apply to a court to have a guardian appointed over the person and property of the parent. The guardian would then take control through the guidance and oversight of the court. If there is a problem of this nature, you should immediately consult an attorney who can review the specifics of your situation and provide with you with proper legal advice.

Scott R. Jay, Esq.

Re: probate

Yes, the agent named in the POA can dispose of the assets. However, a power of attorney can be limited in purpose, duration, and powers. Also, unless it is a durable power of attorney, the powers terminate in case of incapacity or death.

Re: probate

A power of attorney can, but does not always, grant power to do a great number of things. Still, most power of attorney forms I have seen require the child to act in the best interests of the parent. If the holder of the POA is acting in their own best interests and not that of the parent you should seek legal advice.