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I have a mentally ill younger sister who has Power of Attorney over our sick mother. What options do I have to protect my mom ?
Anonymous2 views3 answers
My mom has Dementia and end stage Alzheimers. My sister has abused my mom verbally and physically. I have reported her to DCF, She was also reported to the Social Security Administration for fraud and stealing my mothers social security check. My sister is not capable of making proper decisions for my mother. The staff at the nursing home have seen her behavior. I understand It's impossible to take POA away. I was also told becoming her Guardian is another option , but also expensive. Is there another way to prove my sister is mentally incapable of handling my mothers affairs and have POA revoked or have her psychologically tested ? What can I do legally to protect my mother ? She can no longer talk. I was told Legal aid can't help.
It is NOT impossible to take her powers away as power of attorney. Since it sounds as though your mother now lacks capacity the only method would be through the courts - guardianship.
Florida Statute 709.2116 provides, in part, that any interested person may petition the court for judicial intervention to review the agent's conduct, terminate the agent's authority, remove the agent, and grant other appropriate relief. The court also has the authority to award reasonable attorney's fees. Additionally, as my colleagues correctly point-out, you may also seek the appointment of a Guardian. I suggest you contact an attorney whose practice includes Guardianship and estate planning.
