“An elderly friend recently hired a lawyer to draft a new will based on the recommendation of people she regards as “friends.” My understanding is that the friends who introduced her to the attorney are now named in her power of attorney and are the beneficiaries of her will.”

If you are ever concerned that someone may be taking advantage of an elderly individual, please call the Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873). If you want to assist in a more direct way, you may also consider meeting with a Florida guardianship attorney to discuss legal options for protecting them.

“How do you apply for guardianship of an elderly person?”

Typically, a guardianship begins when an attorney for a concerned friend or relative files paperwork in the Probate Court. Under Florida’s guardianship procedure, an attorney is appointed to represent the alleged incapacitated person in the guardianship proceedings. In order to establish a guardianship, a judge must first determine the degree of the person’s incapacity, if any.

A panel of three mental health professionals meet with the person and each issues a report to the court regarding the person’s capacity. If the court determines an individual to be incapacitated the court may remove that person’s rights to manage some or all of their own affairs and appoint a suitable guardian to exercise those specific rights for the incapacitated adult. Guardianships remain under the supervision of the court and have strict reporting requirements.

“I have POA, but do I have the legal right to take his keys?”

A power of attorney only grants rights which are subordinate to the grantor’s rights. The grantor does not “give up” any of his or her rights, but merely allows another person to also exercise those rights. As the holder of the POA (the Attorney-in-Fact), you are given the power to do anything that they could do as long as it conforms to their wishes. The POA will not allow you to override their decisions. A guardianship may be the only solution if your father is a danger to himself or others.