Legal Question in Elder Law in Florida

Abuse of power: power of attorney

Brother and sister have equal power of attorney for ''mom''. The sister is opening credit, phone, cable, bank loans without ''moms'' knowledge or mine. Spending and overdrawing ''moms'' account. What can I do to stop her?


Asked on 10/29/07, 10:45 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Abuse of power: power of attorney

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.

You should file for a Guardianship over mom if she is unable to take the necessary action on her own to protect her interests. Ask the court to appoint you the guardian over mom and her assets.

Scott R. Jay, Esq.

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Answered on 10/29/07, 11:16 pm


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