Legal Question in Wills and Trusts in Florida
My Mother in Law is 83 years old and became a widow about 2 years ago. She has been showing some signs of dementia but has been living on her own with little help from her daughter. Her daughter felt that since my husband had power of attorney if anything would happen should be changed to her and her husbands name. We were okay with it at the time,because we did live in another state and she was closer, but did not realize that the daughter had other plans for doing this. She tricked my mother in law into an assisted living telling her it was just for a month and that the reason she was placed there was for test. My Mother in law is very upset and wants to go home, however my sister in law has moved her daughter into her mothers home, giving it to her. And told my husband and brother in law to come on and get what their mother had in the will for them. My Mother in law is not dead! The question is can my sister in law legally do this? My mother in law is not incompetent and has not been diagnosed as such. Living alone is probably not the best ideal for her but what right does a family have in making this decision for her? My husband had wanted to try and allow her to live in her own home as long as possible and had hired someone to care for her in her home, when the sister in law secretly swept her off to the assisted living. My husband cannot find out any information on her care while there or anything else. What can be done legally to change this? My Mother-in law lives in south Florida. the lady is competent, how difficult is it for her to resend power of attorney and power of medical ?
2 Answers from Attorneys
Your mother in law does not have to live anywhere she doesn't want to be regardless of what any friend or family member says. Assuming she is competent, she can revoke any power of attorney or health care surrogate by putting it in writing. It is as simple as that. Of course if there is a question about competency from the daughter or whoever wishes to fight it then they could say so. It may get to a point that a guardian needs to be appointed but that doesn't sound necessary yet. Good luck.
As long as your mother in law is competent she can revoke any power of attorney or health care surrogate document by doing a revocation of power of attorney and revmocation of health care surrogate. It is not that difficult, just a line or two stating that she is sending the power from ..... and cancelling same. They record it and give notification to the sister. If she tries to stop it, then get a doctor to examine the mother in law as to competency. If he states she is fine, there is not anything else that the sister can do. DO IT NOW! There is no telling what else she has done, ie checking, savings, bonds, deposit box etc.
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