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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 37356
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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We recently put my father in a Assisted Living Facility. My

Customer Question

We recently put my father in a Assisted Living Facility. My wicked step-mother has a POA and is the healthcare surrogate. I am the alternate healthcare surrogate. I do not feel that she has his best interest at heart. The other day when we went to see him he was so much weaker, could no longer feed himself and was much more confused. I told her that he needs a CXR and be sent to the hospital. She did not do this and instead sent hospice to stay with him. Hospice confirmed that he has pneumonia. I have been a nurse for 18 years so I am a much better judge that she is about when he needs to be in the hospital.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I do not trust her she has always been greedy. She told me after she got the POA that she would be getting everything anyway. I don't know where this comment came from because no one had been talking about who would get what. My sisters were concentrating on helping him get stronger. My dad put aside three $100,000 annuities for me and my 2 sisters that my step-mom knows nothing about. An attorney told my 2 sisters that we better secure that money or she could take it away from us. I have no doubt that she would do that.
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone whocan. There may be a slight delay in myresponses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Expert:  Barrister replied 9 months ago.

In a situation like this, if his wife is not acting in his best interests, your recourse here is to file for a legal guardianship over father in the local probate courts and be appointed his legal guardian by a judge. You could then revoke the POA for her and the medical POA as well and be in full control of his care and finances.


You would want to reach out to a local family law or elder law attorney for help with getting the guardianship action filed as soon as possible before she lets him deteriorate any further..