Legal Question in Elder Law in Florida

Re: Power of Attorney

Assuming the step-father has (mental) capacity to grant a Power of Attorney, he may have anybody he chooses as his Agent. No notification of the family is required. Assuming he has capacity, the step-father may revoke the Power of Attorney at any time by notifying the named Agent and any third party with whom the Agent has used the Power of Attorney. If the step-father loses capacity after the Power of Attorney is given, the family may petition the Court to revoke if they can show that the Agent is embezzling, misusing or mishandling the step-father's assets.

If the step-father does not have the (mental) capacity to grant a Power of Attorney, then you may petition the Court for a guardianship/conservatorship over him. The other family members would have to receive notice of the petition and any subsequent hearings on the matter, unless they signed waivers of notice to the contrary.

Please consult with a local attorney familiar with Probate Law. He or she can answer your questions more specifically and assist you in resolving the situation.

Re: Power of Attorney

Virtually any adult can serve as agent under a Power of Attorney and the only two people who need to be involved are the Agent and the Principal, in your case the step-son and the step-father. If you have reason to suspect the POA was established fraudulently or you suspect it is not legitimate or you suspect the step-son gained the POA through undue influence, yes, you can contest it. You will need to contact an attorney to discuss the details of your case and once all the facts are on the table, the attorney will be able to discuss "law" with you regarding your situation, but at this point from what you have told me I think it would be wise to discuss it. It is by no means a done deal as they say.

Best of luck,

William G. Nolan

Nolan Elder Law