Legal Question in Wills and Trusts in Florida

Background: A widowed mother has established a revocable trust in the state of Florida. The trust leaves her estate to 5 children in equal shares. The mother is now 94. One of the children is exerting undue influence on the mother to modify the trust to increase their share of the estate. Another of the children has been named her power of attorney with full rights. This child is concerned with the actions of his sibling and does not believe his mother has the capacity to deal with the undue influence. What are his options? Should he initiate a court action to declare his mother incompetent? If she is declared incompetent, does he then act on her behalf as her power of attorney or is a third party appointed by the court to manage her affairs? And finally, she is currently a Florida resident but is going to Ohio this week for the summer. Does any action have to be taken in a Florida court or can it be done in Ohio?


Asked on 4/02/11, 8:38 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

She is a FLorida resident - action is in Florida. If the mother has become incapcitated, you need to file for guardianship. More than likely the POA will designate that person as the preneed guardian.

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Answered on 4/03/11, 7:06 am


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