when a parent gets to an age that one of thier children comes in to help. the parent has a power of attorney signed, can this child profit from this? Can that child take and sell everything
probate when a parent gets to an age that one of thier children comes in to help.
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Yes, a power of attorney can be abused by an unscrupulous child. If that should happen and the parent is unable to stop the child due to infirmities, the other children can apply to a court to have a guardian appointed over the person and property of the parent. The guardian would then take control through the guidance and oversight of the court. If there is a problem of this nature, you should immediately consult an attorney who can review the specifics of your situation and provide with you with proper legal advice.
Scott R. Jay, Esq.
Scott R. Jay
Law Offices of Scott R. Jay
1575 Northeast 205th Street
Miami, FL 33179-2133
Yes, the agent named in the POA can dispose of the assets. However, a power of attorney can be limited in purpose, duration, and powers. Also, unless it is a durable power of attorney, the powers terminate in case of incapacity or death.
Law Offices of Marie-Anne Oatley
1200 N. Federal Highway, Suite 200
Boca Raton, FL 33432
A power of attorney can, but does not always, grant power to do a great number of things. Still, most power of attorney forms I have seen require the child to act in the best interests of the parent. If the holder of the POA is acting in their own best interests and not that of the parent you should seek legal advice.
Kelly James Henderson, P.A.
4440 PGA Blvd., Suite 504
Palm Beach Gardens, FL 33410