Legal Question in Elder Law in Florida

My father signed me a POA because he had a stroke, now an associate of his is trying to get my mother to sign a POA ( for my mother and also on father's behalf) post dating the POA to right when my father had the stroke and was still in the hospital, before I had the POA for my father. What can I do. Do I need to get an attorney?


Asked on 3/21/11, 11:39 am

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

yes. This is illegal and is called undue influence.

Read more
Answered on 3/21/11, 12:16 pm
Sanford M. Martin Sanford M. Martin, P.A.

Based on my understanding of the facts described in your question, you may want to discuss with your mother her preferences and intentions. She cannot sign or authorize a POA for your father. Having the POA signed "right when my father had the stroke and was still in the hospital" will not validate the POA or void the POA signed by your father, designating you as has agent. If your mother signs a POA which conflicts with your POA for your father, discuss the issue with an attorney to improve your understanding of your legal rights and obligations.

Read more
Answered on 3/21/11, 12:18 pm


Related Questions & Answers

More Elder Law questions and answers in Florida