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  1. #1
    Join Date
    Jan 2016
    Posts
    1

    Default Sister-In-Law Has Power of Attorney Over Mother-In-Law

    My question involves a power of attorney in the state of: Florida

    My best friend's (I'll call her Kat) mother ("Lucy") lives in an assisted-living facility in Florida and suffers from dementia with periods of lucidity. Kat's brother ("Frank") held power of attorney over their mom until he died recently of cancer. Frank's wife, "Joan", has never been what you would call a friend of Kat's. Kat recently found out that, somehow, Joan now has the POA.

    Kat would like to have the POA herself, since Joan has been doing things that Kat's mother wouldn't approve of, such as giving away furniture and such out of Lucy's home, which is willed to Kat and Frank. This has been confirmed by other family sources.

    So, doesn't the original will supersede the POA. And is there any way that Kat can petition a court to revoke Joan's POA and have it revert to her? Does Kat have any legal recourse as far as the items that were given away without Lucy's consent

    I'm just trying to help out my friend. So please explain as if I'm a 2-year-old. lol

    Thanks to everyone for any advice you can give. If more info is needed to formulate a better answer, just ask.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Sister-In-Law Has Power of Attorney Over Mother-In-Law

    how did Joan obtain the POA?

    A will can only disburse property owned at the time of death of the testator. If is no longer owned by the testator, well, the person that would have recieved it just doesn't get it. In other words, don't count the chickens before they hatch.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Sister-In-Law Has Power of Attorney Over Mother-In-Law

    The validity of the POA would be an issue for a judge to decide whether it was legally obtained. You should plan on spending a large amount of money fighting it.

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