Elawyers Elawyers
Washington| Change
Asked in FL May 21, 2022 ,  0 answers
My brother has POA and is refusing to let my mom see me or my family. It was suggested that I need to get guardianship, but I can't afford it. Would it be wise to get an independent person appointed by the courts to be guardian?
Tag: 
Data From  LAWGURU_Question

1 Answers

Anonymous
Reply

Posted on / Feb. 15, 2011 14:24:00

Based on the facts described in your question, my advice is:

1. Under Florida law a POA or DPOA (Durable Power of Attorney) does not authorize the "attorney in fact" (your brother) to restrict visiting rights; a POA is to authorize a person to act in behalf of or represent another person. A POA does not appoint a guardian.

2. Whether a guardian for your mother is advisable depends on her legal capacity: Does she have limited mental capacity which seriously affects her ability to make basic life decisions (such as where to live, payment of bills, etc)? In Florida a probate court can determine whether a person such as your mother is incapacitated and requires appointment of a guardian.

3. My question: Why does your brother restrict your mother in this way? He may have a difficult challenge in explaining such restrictions to a court unless he can show such restrictions are for the benefit of your mother.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer