‘She was granted power of attorney, but she is abusing that power’: My sister is taking complete control over my 94-year-old mother —and even changed her will

March 18, 2022

“Like most states, Florida law allows a person to bring a petition for the appointment of a guardian,” says Neil V. Carbone, partner at Farrell Fritz, P.C.  “A guardian of the person would handle a ward’s personal affairs as delegated by the court. This would generally include the right to consent to medical treatment and to make decisions concerning the ward’s social environment.”

“A guardian of the property would handle a ward’s financial affairs, with certain transactions requiring prior court approval,” he adds. “So that the court can monitor the actions of the guardian, the guardian would have to file certain reports with the court.”

Your mother’s injuries are concerning and your sister’s resistance to allow her to see a doctor is even more bizarre and disturbing.

“In addition, Florida law provides for an ‘elder abuse injunction,’” Carbone says. “The injunction will protect a vulnerable person from exploitation on a temporary basis until a hearing can be held before the court. The injunction may prevent the respondent from having access to the vulnerable person or the vulnerable person’s assets.”

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  • Related Practice Areas: Estate Litigation, Trusts & Estates
  • Featured Attorneys: Neil V. Carbone
  • Publications: MarketWatch