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Where Do We Stand

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chrisllo

Junior Member
What is the name of your state? MD/ FL

This is a confusing situation but I will try to brake it down. My fiancé's family is in a difficult predicament. He was legally adopted by his Grandparents but his mother is still active in his life. So legally is Grandmother is HIS Mother as well. I want to get that said first. His Grandmother has Alzheimer’s and while still well made my fiancé Medical Power of Attorney, another person her Power of Attorney for Property, and there is another person who is Power of Attorney for Finance but I am unsure of when and how she came to be since she is the daughter the person that is Power of Attorney for property.

I am concerned that both the Power of Attorneys for Property and Finance may be abusing their roles. Her home was recently sold (By the Mother-in-Law of the Power of Attorney for finance) After talking to my fiancé’s Mother I am sure that the Grandmother had, had no intention on selling her home but passing it down through the family. Also my fiancé had been talked into moving her into a home when she started to get Alzheimer’s really bad. While he was away she was moved to a home that is in Florida that happens to be near the Power of Attorney for Property. Shortly there after her Power of Attorney served him with an eviction notice. My fiancé has knowledge of 1 conviction against the POA of Property for abusing his power. We are worried that they are not doing what is best for his Grandmother but what is best for their bank accounts. The POA for Finance has posetion of All of the belongings from the home including some very expensive pieces. No one receives any kind of report or notice on the Grandmother. My fiancé never said that she could be moved to another home and is very upset that she was moved. Both him and his Mother are upset that the home was sold because it was always said that She never wanted to sell it. Please help!!!
 


BlondiePB

Senior Member
What states are everyone located?

Where is your fiance's mom (adopted mom who is grandma)?

Where do the POAs live?

Where do you live?


My fiancé never said that she could be moved to another home and is very upset that she was moved.
Unless so stated, your fiance only has a say so over medical decisions is not POA over his mother's person, like guardians and conservators do, and the same goes for the other POAs. Now that I think about it, I've never seen a POA granting authority over a person's person -- just language stating the grantor's wishes regarding homecare vs nursing home.
 

chrisllo

Junior Member
Where is your fiance's mom (adopted mom who is grandma)?
She origianally lived in Maryland and was moved to Florida.
Where do the POAs live?
POA of Finance lives in Maryland the POA for Property lives in Florida.
Where do you live?
We live in Maryland.


Is there any way with out spending a fortune for us to find out who is her listed as her actual guardian?

Does the POA of property have the power to evict a grown child from the person's home?

There are a lot of thing going on in this case and the sale of the families home set everything off again.
 

BlondiePB

Senior Member
Is there any way with out spending a fortune for us to find out who is her listed as her actual guardian?
A person that has a conviction cannot be a legal guardian. You can check the county court records on line to see if there is a guardianship for fiance's mother. Use the name of the mother.
Does the POA of property have the power to evict a grown child from the person's home?
Yes.
There are a lot of thing going on in this case and the sale of the families home set everything off again.
Have your fiance call Adult Protective Services in the county in FL where his mother is immediately. Your fiance can apply for guardianship over his mother (plenary). Read FL's statutes on Elder Abuse (Chpt. 415) and Guardians (Chpt. 744) at this link www.flsenate.gov/statutes
 

chrisllo

Junior Member
A person that has a conviction cannot be a legal guardian.
Is this any conviction or just feloney convictions?

Your fiance can apply for guardianship over his mother (plenary).
Does he have to apply in the state where she currently lives (FL) or can he apply in Maryland? Also, do we need a lawyer in order to file. Who would be best to apply for my fiance' who is 23 or leagally his sister (biologically his mother) who is much older and lives in Nebraska.


Can a POA change the will of the elderly person? Also if a person has Alzheimer’s when are they no longer considered able alter their will.
 

BlondiePB

Senior Member
Does he have to apply in the state where she currently lives (FL) or can he apply in Maryland? Also, do we need a lawyer in order to file. Who would be best to apply for my fiance' who is 23 or leagally his sister (biologically his mother) who is much older and lives in Nebraska.
I understand who's who in all this due to the same situation in my family and will refer to biomom (fiance's birth mother who is now legally his sister) as biomom, and mom (fiance's grandma that adopted him as is mother) as mom/mother.

Biomom needs to apply for guardianship of mom. This must be done in FL in the county where mom is residing. What county is this? I may have some contacts for biomom she can call. If the guardian wants to move mom out of FL, the guardian must petition the court in FL that appointed the guardian for permission to do so.

Read FL statutes 744.312 and 744.309 at the link I provided. There's also reference and links to other statutes regarding violating laws, etc. that make one ineligible to be a guardian. The entire chapter on guardians (744) is very detailed. Also read about elder abuse in chapter 415. I'm directing you to this for a very, very good reason. Once you read all this you'll understand. If biomom has a computer, send her the links and chapters.

Who is in possession of the will that mom made? Please tell me it is in a safe place and not in possession of the theives. :eek:
 

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