Legal Question in Elder Law in Florida

My mom has alzheimers and in her will it is stated that I am to be appointed power of attorney should she become incapacited mentally of which she is. What do I need to do or get (i.e. doctors report, etc.) prior to seeing an attorney?


Asked on 7/14/10, 12:45 pm

1 Answer from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Hi. I don't understand your statement. A will cannot appoint a power of attorney. A will has no legal effect until death. Perhaps if your mother has a trust she has appointed you as successor trustee under her trust, but she cannot appoint you as power of attorney under her will.

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Answered on 7/14/10, 5:18 pm


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