Who is incapacitated here? Is it Mom? is it Dad? Could both be legally incapacitated? This question has to be addressed first. If hey both have legal capacity, Mom should get teh documents mentioned above (and probably the husband as well)). Has a lawyer reviewed the deeds, bank accounts, retirement accounts to confirm POD's, TOD's, beneficiary designations and deed are all current and the desire of the owner, insured, grantor, retiree provisions are also done properly. Get an elder or estate planning attorney to review all of these things. If Mom is currently hospitalized, it may not be easy for an attorney to get to her (covid-19), but if she goes home most of us would go to see her to determine her ability to execute documents, determine what her desires are and assist in having her execute same.

I agree completely with Ms. Holcombe and Mr. Gunthert, you need to consult with an attorney right away about this situation and get documents in place. As the spouse the husband would have the right to evict everyone from the house at the death of the wife. His constitutional homestead rights give him the ability to do so even though the house is in her name and the Will may give the house to someone else. Additionally he would have the right to keep family members from the hospital and receiving health information. It is possible that the husband is experiencing some early stage dementia or may be abusive. This situation needs to be addressed right away.

A husband/spouse has substantial rights when it comes to probate as well as Homestead rights and staying in the house. You would need and want Florida Estate Planning Documents drafted, this would include a Florida Durable Power of Attorney, A Florida Healthcare Surrogate , HIPAA Waiver, Will and potentially other related documents that would be helpful and useful under the circumstances (nomination of guardian, living will and so forth). The documents can be drafted from afar and you can even get the documents notarized online since recent Florida Law changes in January. A conversation with a Florida Estate Planning Attorney would be an initial and good starting point. If there are abuse concerns, there are State of Florida Elder Abuse Hotlines and resources you can use and or contact.

Your mother needs to consult with an experienced elder/estate planning attorney to review her estate plan and ensure mother's wishes are capable of being enforced. A mere POA does not give family members any rights in health care, but other appropriate documents can be drafted. Erratic behavior by spouse could be indicative of elder abuse to mother or of underlying medical condition such as dementia. Under normal circumstances, elder law/estate planning attorneys will visit with clients in hospitals or other assisted living facilities, however, this may be a bit problematic with the Covid-19 outbreak.