Legal Question in Elder Law in Florida

I am 60 yrs. old and because particular reasons I've been living at my parents house for the past 14yrs.; my son also had to move with me to my parents. My father recently passed and two of my sister have filed alegal petition to have our mother found incompetent; also either of them is asking for total control of her person and all assets. They have made allegations that my son and I have misappriated cash funds, some of which is true but there were mitagating circumstances that have been amended. I have been living with our father and mother for the past 14 yrs. and the two sisters have not spent 16 hours in the last 15 yrs. Everything is alledged and my mother has problems with understanding the matters in whole. There is a final hearing July 12 at local court house.I have had durable power of attorney for my father the last 2 yrs. or so; I never made a move or secured my father's wishes on paper. Do I have any recourse in these matters? My son is on probation for having a few perscription pills while at detox dor opiate addiction; these pills were few and for sleep and axniety-it was a mistake on his part, but this would never happened if not for the injections given at the detox facility which caysed hin to lose cognitive and motor controls,to cover they called an ambulance; at hospital is where pills were found on floor by local deputy working security off duty! In light of my son's trying to get clean, the charges responsable for probation are ludicrous and a travesty of fairness and common sense! I bring this up because there is a chance of him being in violation concerning the affore mention question! Sincerely-WORRIED FATHER/SON


Asked on 5/15/10, 11:02 am

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

sounds like by your own admission that you and your son have been taking a free ride on your mom and dad. I applaud your sisters for stepping in and overseeing the matter.

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Answered on 5/20/10, 11:20 am


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