Legal Question in Elder Law in Florida

Durable power of attorney

In the year of january 2005 I was hospitalizedFor 8 days. During that period and after for about 6 months I was disoriented, lapses of memory etc. I have fully recovered now but have been told I signed papers naming my two sons and giving them durable power of attorney over me. What does this mean? Should I rescind the durable power of attorney, and if so how? Iwas 64 at the time. Now I am going on 66.


Asked on 5/13/06, 4:24 pm

1 Answer from Attorneys

Thomas Shigo The Shigo Law Firm, P.A.

Re: Durable power of attorney

If you signed a durable power of attorney while you were "disoriented", then this power is probably not valid. You may rescind the power at any, provided you are competent. Send written revocation to your sons and also to any institution who may have received notice of the durable power of attorney (especially any banks). I would suggest that you have a durable power of attorney, probably a springing power, in the event that this happens again. This will avoid the expense of a guardianship.

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Answered on 5/15/06, 9:19 am


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