Legal Question in Elder Law in Florida

I think my brother is trying to have my mother declared incompetent. Is there anyway to find out. Petitions or court dates. he recently tried to get her to change her will and wants to control her money

Asked on 7/30/17, 2:41 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Until a case is filed in court, probably no way of knowing in advance. He may be trying to get her to sign a voluntary guardianship wherein she would not need the committee from the court house to come out and speak to her. IF you feel he is trying to do this and you believe your mother needs help, I suggest you file for the guardianship if she does not have a Durable Power of Attorney. The Durable Power of Attorney normally lists who will be in charge of her accounts even if she becomes incompetent after the recording of the DPA. However, you really need to discuss the options with an attorney. Most consultations are free and there are many more questions that need to be discussed on this matter.

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Answered on 7/31/17, 7:43 am

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