Legal Question in Elder Law in Florida

My step-father lives in Florida and has just been diagnosed with Alzheimers dementia. He has a living trust that leaves his assets equally to all children and step-children. (Mom is deceased). One daughter has financial POA and another daughter has healthcare POA. If he is declared incompetent, would that "freeze" his trust/will "as is"? or Would the financial POA be able to change his will/trust for her benefit only?

Asked on 8/27/13, 5:53 am

1 Answer from Attorneys

As long as he is incapacitated, he will not be able to make changes to his will or trust. Depending how the financial POA is written, the daughter may be able to purchase and sell assets but cannot change his will and trust documents.

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Answered on 8/29/13, 3:47 am

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