Can My Sibling Put Mom in Long-Term Care Without My Consent? A South Florida Family’s Guide

Family | August 21, 2025

Can My Sibling Put Mom in Long-Term Care Without My Consent? A South Florida Family’s Guide

When a family member has power of attorney, they might have the legal authority to place a parent in long-term care without getting approval from other siblings.

The answer depends on the specific terms of the power of attorney document, the parent's mental capacity, and whether the decision serves the parent's best interests.

This situation creates emotional stress for families across South Florida who just want what's best for their loved one.

Elder care decisions can become complicated quickly when siblings disagree on the best path.

Some family members want to care for their parent at home, while the sibling with power of attorney thinks professional care is necessary. Understanding the legal framework helps families navigate these difficult conversations and understand their actual options.

The process involves verifying the exact scope of the power of attorney document, confirming the parent's mental state, and understanding fiduciary duties. Families may consider mediation or, if necessary, seek legal remedies.

This guide will answer some of the most asked questions by families in Florida who worry about what a sibling with Power of Attorney can and cannot do. From the difference between financial and healthcare POA to when a parent’s wishes take priority, you’ll find clear explanations that help you understand your rights and options.

Key Takeaways

1. A Power of Attorney doesn’t erase your mother’s rights. If she’s mentally competent, her wishes always come first.
2. Not all POAs grant authority over long-term care. Only a healthcare or medical POA allows a sibling to decide placement in a nursing home.
3. POA agents must act in the parent’s best interests. Misuse of authority can be challenged through mediation, legal action, or guardianship.
4. Mediation is the best first step when siblings disagree. It helps families in Florida resolve conflicts privately, quickly, and with less emotional strain than litigation.

What does having a Power of Attorney mean?

Having a Power of Attorney means that one person is legally allowed to make certain decisions on behalf of another. It is a powerful legal tool often used when someone cannot easily manage their own affairs, whether because of age, illness, or simple convenience.

In Florida, not all Powers of Attorney are the same. These documents come in different types, each with its own scope, rights, and limits. For example, one type may only allow a sibling to handle financial matters, while another may specifically grant authority to make healthcare and long-term care decisions.

This makes it essential to understand exactly which type of Power of Attorney is in place. The specific document determines what your sibling can and cannot do regarding your mom’s care, and helps the family know where the boundaries truly lie.

The next section will discuss the two types of POAs in Florida.

Financial POA vs. Healthcare POA

A Financial Power of Attorney and a Healthcare Power of Attorney are not the same thing, even though many families confuse them. A Financial POA gives someone the authority to manage money, pay bills, handle property matters, and take care of financial obligations on behalf of another person.

A Healthcare POA, on the other hand, is completely different. It allows someone to make medical choices, decide on treatments, and handle care decisions. Many families are surprised to learn that these are separate documents and that having one does not automatically grant the other.

Your sibling might hold a Financial POA but not a Healthcare POA. If that is the case, they can pay your mom’s bills and manage her finances, but they do not have the authority to make medical decisions or place her in a care facility.

Some Power of Attorney documents combine both roles into a single document, while others split them between different individuals. The exact wording in your mom’s POA determines what powers your sibling actually has.

If your sibling only has a Financial POA, they cannot move your mom into long-term care on their own. To do that, they would need either a Healthcare POA or a court-appointed guardianship that grants them authority over medical and care-related decisions.

What Does Florida Law Require in a Power of Attorney Document?

Florida law is very strict about how a Power of Attorney (POA) is written. The exact wording decides what powers the agent has and where the limits are set.

• Signed while competent: Your mom must sign the POA while she is mentally capable. A POA cannot be created without her knowledge and signature — this safeguard helps prevent fraud and abuse.
• Clear scope: The document should specify whether it covers healthcare decisions, financial matters, or both. Some documents also list restrictions or special requirements.
• Effective timing: Some POAs take effect immediately, while others only “spring” into effect if your mom becomes incapacitated. This timing determines when your sibling actually gains decision-making authority.

Who Decides if My Mom Still Has the Mental Capacity to Make Her Own Choices?

In Florida, an adult who is mentally competent has the full right to decide where and how they live. That means if your mom can understand her options, weigh the risks and benefits, and clearly communicate her wishes, no one — not even the sibling with Power of Attorney — can force her into a care facility.

Mental capacity usually means your mom can do four things: understand her situation, remember important details, express her preferences, and make decisions that align with her values. As long as she can do this, her choice stands, even if the family disagrees. Courts only get involved if her safety is in serious, immediate danger.

When Does a Healthcare POA Actually Become Active?

A Healthcare Power of Attorney doesn’t give instant authority over medical decisions. It only becomes active when doctors confirm that your mom no longer has the capacity to make informed choices about her own care. In most cases, this requires documentation from two doctors who agree she cannot understand or communicate her decisions.

Common signs of incapacity include dementia, advanced Alzheimer’s, severe mental illness that affects judgment, or complications from a brain injury or stroke. Until a doctor documents incapacity, your mom stays in control of her own care, regardless of what family members want.

What Powers Does a Healthcare POA Have Over Long-Term Care?

Once active, a Healthcare POA gives the agent broad authority to make medical and care-related decisions. This includes choosing doctors, approving treatments, and selecting long-term care facilities when medical supervision is needed. In Florida, facilities will usually require proof of Healthcare POA before allowing an agent to admit someone into care.

But the authority isn’t unlimited. The sibling with POA must act in your mom’s best interests, not their own convenience. They are expected to follow medical advice, weigh professional recommendations, and consider your mom’s known wishes when making decisions about placement or treatment.

What Can a Financial POA Do — and What Are Its Limits?

A Financial Power of Attorney covers money matters. The agent can pay bills, manage insurance claims, handle medical expenses, and make sure care facilities are paid. In practice, they keep the financial side of care running smoothly once healthcare decisions are made.

But a Financial POA cannot make medical choices or force someone into a nursing home. Their role ends at handling the money. This is where many sibling disputes arise — one thinks paying for care equals authority to decide placement. Legally, that’s not true without a Healthcare POA or guardianship.

What Responsibilities Does a POA Agent Have Under Florida Law?

In Florida, anyone acting under Power of Attorney has a fiduciary duty to the parent. This is the highest legal responsibility one person can owe another. It means the agent must act with loyalty, care, and diligence, always putting your mom’s needs above their own preferences.

That duty includes keeping records of decisions, following medical advice, and making choices based on your mom’s best interests. Violations happen when an agent places a parent in care without medical evaluation, chooses convenience over proper care, or ignores affordable options that would meet the parent’s needs. In short, the POA comes with serious legal and ethical obligations.

What Happens if Siblings Disagree About Mom’s Care?

Family disagreements about elder care are common, especially when one sibling holds Power of Attorney. If you don’t agree with your sibling’s decisions, the best first step in Florida is mediation. Trained mediators can help families work through these conflicts privately, quickly, and with far less stress than going to court.

Litigation should be the last option, not the first. Courts can intervene if there’s clear misuse of Power of Attorney, but mediation often helps siblings find common ground without tearing the family apart in the process.

What Legal Options Do I Have if Mediation Doesn’t Work?

If mediation doesn’t resolve the conflict, Florida families still have legal paths to protect an elderly parent’s best interests.

• Consult an elder law attorney: They can review the POA, explain your rights, and challenge misuse of authority if needed.
• File for guardianship: Courts can remove decision-making power from a sibling who isn’t acting responsibly and appoint a new guardian.
• Report suspected abuse: Florida law requires reporting neglect, unsafe conditions, or financial exploitation to Adult Protective Services, who investigate quickly.

These remedies should be last resorts, but they are there if your parent’s health or rights are at risk.

How Can Families Work Together to Protect Mom’s Best Interests?

Disagreements about elder care are tough, but families can lower stress by focusing on mom’s needs instead of personal conflicts. Here are practical steps:

• Review the POA: Know exactly what authority it gives and what limits it includes.
• Confirm mom’s capacity: If she can make her own choices, her decision always comes first.
• Communicate openly: Hold a family meeting, share concerns, and look for solutions together.
• Consider mediation: A neutral third party can often help siblings find common ground without court battles.
• Use legal remedies only if necessary: Court should be the last step when all else fails.

Conclusion

When it comes to long-term care, your mom’s wishes come first as long as she has the mental capacity to make her own choices. If she doesn’t, the exact wording of her Power of Attorney decides who has authority and that authority comes with serious legal duties. While siblings may not always agree, the goal should always remain the same: protecting your mom’s health, safety, and dignity.

If disagreements arise, try mediation before turning to the courts. Mediation is faster, less stressful, and helps families in Florida find common ground without tearing relationships apart. You can search for qualified mediators of your choice in this directory: Mediate Lawsuit (Lawsuit.com).

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August 21, 2025