Legal Question in Elder Law in Florida

Power of Attorney/Guardianship

I have a durable Power of Attorney for my father, who is 78 yrs old. I have never had to use it except to help him with his banking recently. It also gives me power to assume guardianship if he becomes incompetent. He has fallen numerous times, including once into the pool right in front of me (I just spent a week with him), injuring his arm, and has lost 70 pounds and four inches in height. His neighbors contacted me because they were alarmed at his appearance. He is forgetful and easily overwhelmed, but not what you would call completely incompetent. He says he doesn't need a ''babysitter''. I want him to move to a place near me where I can take care of him. (I live in Kentucky, he is in Florida.) What are my options?


Asked on 10/20/07, 4:26 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Power of Attorney/Guardianship

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I think you may need to file a guardianship action to legally have yourself appointed as his guardian. If your try to force him into one against he will under the Power of Attorney, he can simply revoke the Power of Attorney at anytime that he remains competent so it will be of little use or value if he does not agree with your actions.

Scott R. Jay, Esq.

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Answered on 10/20/07, 10:27 pm


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