Legal Question in Elder Law in Florida

Protecting my mother
My mother is 78 and started memory loss in April 2006 or somewhat before and around October 2006 my brother went down with a printed power of attorney form he bought on line. He went to her local bank with her and she signed and then put his name on her accounts with her. She knows this. But the other day he told me he was looking for a assisted living home and once she was settled he was going to change the account to him only. And after 5 years the principal would still be there. We are 3 children and he says there is no estate. I have a copy of a will. And now he wants us to sell the condo that is in 3 names and put the money in the account so the interest will pay for her care. She gets a good pension and has a good amount of money. He says he takes care of her so he should get paid. He lives in Ma and she lives in Fl. She goes where she doesn't talk to one of her children all the time. And now he is her favoriate. He says she doesn't want me or my other brother to get anything, but she said that when she was mad at him. If that was the case she wouldn't of made a will and put the condo in 3 name. All I want is to find out how the money can be managed, so he doesn't get it and the state has to pay for my mom Thank

Asked on 1/15/07, 8:37 am

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Re: Protecting my mother

you need to resubmit your question under FL law, so a FL attorney can answer it.

However, some one acting under a power of attorney has a fiduciary obligation to the person whom they are acting.

You can file a petition in court seeking a Conservator be appointed for your mother. That Petition needs to be filed in FL.

Good Luck

Answered on 1/15/07, 10:16 am

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