How can I change the power of attorney for an elder in Florida?

Asked 4 months ago - Columbus, OH

I have had power of attorney for four years for my 91 year old mother who lives in Florida. My half brother from N.C. hired a Florida lawyer and people from her church to draw up a P of A, go to her house, and acquire a signature. She has dementia and severely diminished mental capacity. How can I proceed legally to change this with her cooperation?

Attorney answers (3)

  1. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . It appears you would need to start a guardianship proceeding if she does not have the legal capacity to
    understand a legal document.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  2. Gary Roger Waitzman

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . Mom can not sign any documents given her lack of capacity. I suggest you meet with an avvo attorney to review the current power first to determine if it gives you the powers you need before beginning guardianship proceedings. Mr. Pippen has quite a few Florida offices and hopefully one will be convenient for you.

  3. Michael Leo Potter

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Joe is right. 'Legal Capacity' is the issue here. Seems like you'll need to start Conservatorship Proceedings right away. I recommend you contact Joe's firm and get started. Good Luck.

    My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘... more

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