Florida elder law, power of attorney for father who is diagnosed with dementia

Generally no. While it is unclear from your question whether your father is still alive or has passed away, in either case, if the money was held in a joint account and not some other form of account, the money would also belong to your step-mother. However, if the money was moved to the joint account via a power of attorney for your Dad, it might be possible to dispute the validity of the power of attorney if it was signed at a time when your Dad was unable to appreciate the effect.

On the other hand, if your father has passed away, other items that are solely in your dad's name, like a house or car, your dad's blood-related children may have an interest. This will also depend on whether your Dad had a Will and if the Will was executed while he was still lucid.

Florida probate laws and power of attorney rules are extremely protective of the elderly. I recommend gaining as much information as possible and seeking the advice of a Florida attorney as to your rights.

Thanks for question. Joint accounts between husband and wife are usually set up with either spouse having full ownership rights during life and upon death. Your father's heirs have very limited(if any) rights to those type of accounts.

Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful.

Generally, it would be very difficult for the beneficiaries to have any recourse against a spouse who moved funds (if the person had legitimate title to the account).

The best advice is to consult with a local estate litigation attorney that can work with you on the details of your unique situation.

Best of luck,
Shawn C. Newman, Esq.
Attorney At Law
1881 NE 26th Street, Suite 212E
Wilton Manors, FL 33305
(877) 552-9385
Shawn@ShawnNewman.com