Legal Question in Elder Law in Florida

How does my Mom regain control of her funds and assets, if her former POA refuses to return them to her?
So far, her oldest son, the soon-to-be EX-Power of Attorney, totally denies my Mom any access to her checking accounts and assets. How does she reclaim what is rightfully hers?
Have already asked my brother (POA) to return all checking accounts and financial information to my Mom, but he still does not comply.

Asked on 10/09/12, 4:24 am

Sanford M. Martin Sanford M. Martin, P.A.

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The eldest son and attorney in fact under the POA has no such authority

so long as your mother is mentally competent and has not been deemed

incapacitated by a court or medical authority. She can revoke the POA at any

time and replace it with another POA or no POA. Even if your mother lacks

legal capacity, a guardian can be appointed to manage her affairs, medical

and financial. It appears the eldest son is assuming authority which under

FL law he does not possess. He could be considered in violation of FL law

for refusing to follow the rules of a standard FL DPOA.

Answered on 10/09/12, 4:58 am

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