Punta Gorda, FL asked in Family Law and Probate for Florida

Q: My mother has dementia and a court appointed Guardian. Her caregiver (brother) cut my sister and I from the will.

In Dec. 2015 my mother's will was changed (she was not diagnosed with Dementia at that time) the will my father and her made, leaving out my sister and myself from the main asset, her waterfront home. My brother is her health surrogate and caregiver and is paid 2400 a month to do this plus no bills, living on the waterfront in an RV she paid for. I know that my brother simply told her that I wanted her in a nursing home (not true) and he would move in with her if she gave him her house and everything in it, plus most of the other assets in bonds T bills. At one time he was her POA and would not let me visit or take her to the doctor until after the will was signed. The day it was signed they left the house without any id and they had to go over to my uncle's drug store (he is well known in Manatee and the attorney was just down the street.) My uncle had to swear it was my mother signing the will but that's all and he had no idea of the contents. His presence made it seem more legit.

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1 Lawyer Answer
David M. Goldman
David M. Goldman
  • Probate Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Have a guardianship attorney review this, generally, a guardian does not have this right

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