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Gain Power of Attorney from another relative in Florida

New Port Richey, FL |

My grandmother broke her leg near her hip just over two months ago. She had surgery and was put a a rehabilitation center. She has been in the center for approx 6 weeks. Her bone has healed and she is recouping well. Now, last week a doctor diagnosed her with early on set alzheimer's. I want a second opinion but my aunt & uncle do not agree. The rehabilition center, which doubles as a nursing home, told them they would be eventually seizing my grandma's property. My grandma does not want to stay in the nursing home and asks each day when she will be allowed to return home. My brother and I are the only one's who are willing to take care of her. My brother has been living with and taking care of my grandma for about the last five years. Everyone else (my grandma's 5 kids) just want to leave her there and be done with it. I'm guessing that without Power of Attorney I won't have much luck with questions 2,3 & 4, but I hope I'm wrong. PLEASE HELP GUIDE ME!
My questions are:
1. How I can go about getting Power of Attorney (I believe one of her kids are currently power of attorney, but none of my family will give up much information).
2. How to get a second opinion for her diagnosis?
3. Stop her from losing her home.
and most importantly:
4. How to be allowed to have her home with me (my brother would move in with me as well so someone would always be home)?
Her go back to her own home with my brother?

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Attorney answers 1


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. The best advice that I can recommend to you is to contact a local elder care attorney that can work with you on your unique situation.

Generally speaking, as long as your grandmother is still having moments of competency, she can execute a power of attorney to make you or your brother her “attorney-in-fact”. If this document is properly executed, it will give you the authority to manage your grandmother’s affairs without the intervention of other family members. Or you may wish to seek a formal guardianship, but the drawback to this approach is that it is expensive and requires the continuous supervision of the court.

You need to consult with an Elder Care attorney as well, because if her home is her homestead, it may be protected. As long as your grandmother continues to express the desire to return to the home, it may not have to be sold. There is not enough information in your question to be able to give you general advice on this — you really need to consult an attorney.

Taking care of an elderly person is very strenuous — both emotionally and physically. There are resources available to help you with home care, but you really should have an independent assessment of your grandmother’s condition and if she can be cared for at home.

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