Legal Question in Elder Law in Florida

My dad is in a rehab/nursing facility there due to a broken neck March 28th, he has some dementure (ok with the present - history has him) His wife cashed in his IRA and put everything in her name - she has power of attorney. She will not agree, which he is ready according to the professional staff, to look at AFLs. She is refusing saying there is no money - she refuses to give him pocket money for small things. He feels like a prisoner - she recently told him she does not have to give him anything. They own 2 houses - one they live in here in FL and one they hold paper on in NH - payment are for the next 9 yrs. They have no payments on the houses (mobil homes) and his wife is driving a 2012 veh with no payments. What can I do to help him? She refuses to allow him home, got rid of a lot of his things. Will not pay for him to

take a trip to NH to visist family, how ever she did purchase air fair for her to go to PA to visit her daughter. Please help me to understand how I can help him. My sibbling & I are all strapped due to economy - unemployment etc and can't help him.... the other thing... Dad wants to be buried in NH... she has said she is going to cremate him... for lack of funds... I think it's control. thanks


Asked on 6/30/12, 6:19 am

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

If your father has been determined to be mentally incapacitated, then he cannot

make such decisions regarding finances, assisted care, etc. If he is mentally

competent, he can do so, likely with the aid of family and an attorney. If

his children believe he is being abused in any way, action can be taken

regarding the appointment of a guardian to make such decisions if he

is mentally incapacitated. Yes, it is a difficult situation with limited legal

options. It depends on his mental capacity which defines his personal

legal rights and whether he and/or other family are willing to contest

the present handling of his decisions.

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Answered on 6/30/12, 6:39 am
Lucreita Becude Lucreita D. Becude, P.A.

I suggest you and your siblings get it together - remove her POA and one of you take guardianship over your dad. If your dad is competent, he can remove her as his POA and appoint one of you to do for him and make those decisions. She will be made to account for the funds that she has expended. Do something before she sells all the assets.

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Answered on 7/02/12, 7:18 am


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