Ormond Beach, FL asked in Elder Law for Florida

Q: I have a question concerning a Durable Power of Attorney in the State of Florida.

I know a 71 year old male who I believe is suffering from alzheimer's disease. He signed a Durable POA to his former wife to act on his behalf. I believe she is taking advantage of him. She transferred both his condos to herself using quit claim deeds. She is also selling a storefront that he owns. I realize a POA gives her a lot of control over his estate but would it allow her to have him give her his condo on a quit claim deed and then transfer the condo to her mother who is now selling the condo. Her mother being given the condo to sell seems a stretch to me.

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: If his ex-wife is misusing the POA, the heirs may have remedies upon his death. If you have any idea who they may be (whether named in a will or next of kin and thus his heirs under the intestacy statutes), you might want to alert them.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.