Legal Question in Wills and Trusts in Florida

Power of Attorney Rights

My husband is 83yrs old and is fast losing his mental facilities. I am afraid I will have to put him in a nursing home if he gets any worse. I have his power of attorney for banking matters and our names are joint on his account. He has several PODs in his name as owner and owner upon his death is his daughter. My question is as I have his power of attorney does that allow me to redeem the PODs on his behalf, even though my name is not on them, and put the money in our joint account for medical and living expenses.


Asked on 11/23/07, 8:21 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Power of Attorney Rights

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This is a very difficult question and one which can be best answered by a local attorney. Certainly, you have some rights as his attorney in fact. It can be viewed, however, that by cashing in his accounts and placing them in joint accounts, you will be usurping his intent and perhaps defrauding his daughter who is named on his accounts as his beneficiary and could be challenged in court.

Scott R. Jay, Esq.

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Answered on 11/23/07, 11:04 pm


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