Legal Question in Wills and Trusts in Florida

My mother is 60 years old, recently divorced and mentally and physically disabled. Not only is she dealing with stage 3/4 Hep C, she is abusing prescription medication via injection. She has been arrested numerous times within the past year. The worst of which was for buying dilladid off the street and it is a felony charge. My dad divorced her last year and since she has used the entire savings he left her and has many accidents, and lawsuits for hit and runs, needless to say she is spiraling out of control and I had moved me and my family to live with her to help out when he left not knowing she was like this. Now, I cannot just leave as she is a danger to herself and others. She was backeracted but released and back to the same thing. Except now she has made my uncle POA and left him everything when she is not even stable minded to do this. He has now flown her up to visit and they called to get the info on the house, car, attorneys, etc. Is he able to just sell the house from under me and my children because she has made him POA? she was to leave the house to our children, she promised them. And now that she is using and not mentally stable she is being manipulated. Is there anything I can do or should we just pack up and start moving now? Please help, and thank you!!!!!!!!

Asked on 8/28/13, 6:29 pm

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You can take some legal action to protect her from herself, but it wont be fun and will be ugly and expensive. Yes, your uncle with the POA can sell everything assuming the POA gives him that authority. Seek legal help.

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Answered on 8/29/13, 5:17 am
Dean Bress Bress Law Firm

You might consider a lawsuit in FL since you relied on her promise to leave the house to your children; you also have relied on her allowing you to live in the house; you might have some basis for filing a lis pendens against the house (its a lien of sorts) but you will be required to institute a lawsuit in FL. You need to speak with a local attorney who will need to get jurisdiction over her even though she is out of state. But before you do any of that, why not discuss the situation with your uncle and see what he plans on doing. After spending time with your mother, he may send her packing..

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Answered on 8/29/13, 12:24 pm
David Slater David P. Slater, Esq.

Has a guardian been appointed? You may need to seek to set the POA aside.

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Answered on 9/04/13, 11:06 am

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