Legal Question in Elder Law in Florida

Sister has POA for Mom in Nursing Home

Our 72 yr old Mother is in a nursing home and our sister has the POA over her. However,the sister is not making good choices and is actually emotionally harming our mother by aggravating her terribly when she visits. We would like to take Mom out of the home and into ours, until we can find another facility for her. Will I be breaking the law if I pick her up from the home without be the POA holdler? Thank you.


Asked on 10/05/07, 7:58 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Sister has POA for Mom in Nursing Home

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Basically, as it currently stands, you have little or no rights in regards to mom. By giving your sister a power of attorney, she designated her to take care of her. If you feel the need, you can file a petition for a guardianship over your mother. A committee will be appointed to determine whether or not mom is able to handle her affairs and is she is cognizant of her surroundings. If not, a hearing will be held at which time you may be appointed her guardian which will take precedent over the power of attorney previously given to your sister.

Scott R. Jay, Esq.

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Answered on 10/07/07, 11:43 pm


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