Legal Question in Elder Law in Florida

Laws to protect the elderly

A friend has a elderly Granmother & one of her daughters(J) has POA of her (everything) she is wealthy. (J) has spent alot of money & now owns homes,boats,jetski's,atv,golf carts,full access to banks & have moved accounts,used credit cards,and also pays herself a salary to take care of her but does not the other two sisters have to fully take care of her & stay w/ her she has alzheimers & falls etc.What legal rights do the other family members have to stop (J) from taking everything? The other 2 sisters are not wealthy but love their mother very much & take care of her. help what can they do?

Asked on 10/26/07, 1:19 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay
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Re: Laws to protect the elderly

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.

If they believe that the sister with the POA is taking advantage of her situation, they can file for a guardianship in the local probate court. The court will appoint a committee to determine the need and if deemed necessary, then consider whom to appoint as the guardian. The guardian will have to account for all monies spent and file an annual accounting. Monies should be held in a restricted depository. The sisters should consult a qualified attorney who can review the situation and advise them of their legal rights and responsibilities.

Scott R. Jay, Esq.

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10/28/07, 7:10 pm

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