Legal Question in Wills and Trusts in Florida

The one in Florida where she lives. However, I would recommend against an on line form. You get what you pay for them, and they have a much higher probability to be invalid or unsuitable then if you go to an attorney to get it done right. Durable Power of Attorney's are not that expensive, and a mistake is very expensive.

My recommendation is that your mother go to a local attorney that does this work, have them prepare it and have your mother sign it there. Your presence is not needed. It should be done in one visit. If she cannot afford an attorney, she should contact legal aide or the local bar association to help find an attorney that would do it pro bono.

Assuming your mother has legal capacity (of sound mind), it is up to her as to will have power of attorney over her, not your stepfather. She would need to execute a Power of Attorney document. Florida allows a Springing Power of Attorney (a form of Power of Attorney that gives you power only during times when she is incapacitated). Keep in mind, this form of Power of Attorney and the Durable Power of Attorney is only for you to make financial decisions. If your mother also wants to appoint you as Attorney-in-Fact for health care decisions, a Designation of Health Care Surrogate needs to be executed by your mother. Because you are in Missouri, it would be important for you to be able to come to Florida immediately in the event of an emergency -- just something to consider in determining whether you are able to carry out your fiduciary duties. Once your mother passes, the Power of Attorney will terminate. To grant you power to distribute her estate after her death would require her to name you as Personal Representative in her will. Should you have further questions, please feel free to contact me.