Guardianships in Florida, POAs, and Financial Exploitation of the Elderly

When does a person need a guardianship rather than a POA? Can I become the POA of a person if they already have dementia before they sign the POA? What do guardianship lawyers in Florida know about how suspicions and accusations of financial exploitation can be avoided? Should you file for guardianship of an elderly person that you believe needs care? How can a guardianship help to prevent an elderly family member from being taken advantage of? 

Frequently, guardianship attorneys in Florida encounter cases involving financial exploitation of an elderly person. Greedy neighbors, caretakers, friends, or even family members are seen taking advantage of elderly people by having them sign a POA while hospitalized or unable to understand what they are signing. This is exactly what happened in a recent Fourth DCA opinion, Johnson v. State of Florida.  Here, a neighbor of the victim had the victim sign a POA while the victim was hospitalized. The victim was involuntarily hospitalized pursuant to Florida’s Baker Act after exhibiting signs of dementia. Is a POA even valid if the victim had dementia at the time she signed the POA? If a guardianship was in place over the victim, would the neighbor still have been able to obtain a POA?  To read the entire opinion, click here. To interview a Florida guardianship law firm, free of charge, call (561)514-0900 ext.101.