Legal Question in Elder Law in Florida

Re: power of attorney

You don't indicate whether the brain injury adversely affected the mental capacity of your father. If he now suffers a mental disability, he may not be able to sign a durable POA. If he suffered the mental disability after signing the POA, you should obtain a written evaluation from his physician re his ability to handle his affairs. If he has a mental disability and has not signed a durable POA, it will be necessary to appoint a guardian for that property which is not jointly owned by your father and mother. Your mother can be appointed guardian of his property to manage his property. You are advised to consult an elder law attorney who can advise you of specific legal options.