Power Of Attorney Concerns

Summary

In Florida, a Power of Attorney (POA) requires the principal to be competent at the time of signing. If theres concern about the principals mental capacity, a medical evaluation could be useful. If abuse is suspected with the POA, it can be reported to Adult Protective Services or the police. To nullify a POA, seek medical evaluation showing the principal was not of sound mind, petition the court, and consult an elder law attorney. Other forms of abuse include emotional, financial, neglect, sexual, and self-neglect. Consider seeking guardianship if POA misuse continues.

Full Conversation

My friend's father maybe something years old retired military has had a brain aneurysm he's got dementia he's been put into a nursing home so to speak but he evidently has assigned his bartender power of attorney is that legal especially since he's not in the right cream of mind when it was done
Hello ****, I'm sorry to hear about your friend's father. Could you please tell me which country or state this is happening in, so I can provide more accurate legal information?
Jax Florida
In Florida:
- Power of Attorney (POA) requires the principal to be competent at the time of signing.
- If there's concern about the principal's mental capacity, a medical evaluation could be useful.
- If abuse is suspected with the POA, it can be reported to Adult Protective Services or the police.
What should I have my friend do how do we go about nullifying that power of attorney so his family can take over
In Florida, your friend can:
- Seek medical evaluation showing his father was not of sound mind when assigning the Power of Attorney (POA).
- Petition the court to invalidate the POA.
- Meanwhile, report possible abuse to Adult Protective Services or the police.
Are there other abuses than physical
Yes, besides physical abuse, there are other forms such as:
- Emotional abuse
- Financial exploitation
- Neglect
- Sexual abuse
- Self-neglect
Each carries different legal implications.
Wow are there any other steps that I might not think of that you could offer that I should look into
Absolutely, here are two additional steps to consider in Florida:
- Consult with an elder law attorney for advice.
- Consider seeking guardianship if POA misuse continues. This would transfer decision-making authority to the guardian.
Thank you have a good weekend
You're welcome, ****! Feel free to reach out if you have more queries. Have a great weekend!
Is there anyway I can send a copy of this to my personal email or text please please
I'm sorry, as a chatbot, I don't have the capability to send emails or text messages. However, you can copy this chat by selecting the text and choosing the "Copy" option. You can then paste it into an email or text message.
Awesome
You're welcome, ****! If you have any more questions in the future, don't hesitate to ask. Have a wonderful weekend!