Legal Question in Elder Law in Florida

Power of Attorney Responsibilities

My husband's grandmother signed over power of attorney to one of her sons about a year ago. Since then, he has been handling her money, but has neglected to pay her bills. Other family members have been paying the bills, buying her food, keeping up her property and keeping track of her medicines/healthcare. She receives monthy social security & veteran benefits, as well as income from rental property, and has a substantial amount of savings. No one knows exactly what stipulations were included in the power of attorney document. Doesn't her son have an obligation to take care of these things? Her health & mental capacity are fading, but she insists that she wants to remain living in her own home. The rest of the family wants to hire an in-home nurse to help care for her, but her son wants to have her put into a nursing home, against her will. The family believes he has been mishandling her money and wants to put her away so he can sell her property. There has already been one competency hearing where the judge found her competent. Is there a way for the family to fight this and make him account for where the money is going? Can they have the power of attorney recended?

Asked on 8/09/08, 4:58 pm

1 Answer from Attorneys

Robert Roemer Robert Brian Roemer LLC
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Re: Power of Attorney Responsibilities

yes-the power can be rescinded and if the son is not using the power of attorney properly(in her best interest) the family members can take legal action to stop the spending of her assets.I would suggest you send me an e-mail with a phone number to call you to discuss this matter further.

robert roemer

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8/10/08, 1:59 am

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