Legal Question in Elder Law in Florida

My brother did a healtcare power of attorney designating his wife to care for my mother

He died and widow will not let me care for her. She says has a POA but not been able to see document. If that POA was signed in 2010 while my mom has Alzheimers is it valid?

Can my mom signed a revocation and be able to be freed?

She has said that she doesn't want to be there

Can I be arrested if I try to take my mom?


Asked on 5/04/10, 6:48 am

1 Answer from Attorneys

David Labovitz Labovitz Law Firm, P.A.

The only way your mother could have validly executed a power of attorney is if she had the requisite mental competence at the time she signed it. Similarly, she can't properly execute a revocation without mental competence. You may have to open a guardianship proceeding and appoint a guardian if you wish to make decisions on her behalf.

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Answered on 5/09/10, 8:32 am


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