Skip to main content

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

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

Posted

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 action is to have legal representation in this matter.

Mark as helpful

7 lawyers agree

Posted

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 ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.

Mark as helpful

5 lawyers agree

Posted

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.

Mark as helpful

6 lawyers agree

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics