Legal Question in Family Law in Florida

Power of Attorney

My fiance recently attempted to take her life and has voluntarily committed herself for treatment after being Baker acted at the hospital.

She will be in a PHP (Partial Hospitaliztion Program) for a minimum of ninety (90) days and has asked me to handle her affairs until her release.

The General Power of Attorney information for the state of Florida indicates: ''a natural �mentally� competent person (called the �Principal� or �Grantor�) to authorize someone else (called the �Agent� or �Attorney-In-Fact�) to act on his or her behalf.

Is Kelly considered to be mentally competent given the circumstances and her current treatment? Is there a special type of POA that we need to fill out other than the General POA?


Asked on 11/25/08, 1:51 pm

1 Answer from Attorneys

Gordon Fenderson Fenderson Law Firm

Re: Power of Attorney

A person only has to be mentally competent when they sign the paper. A person can have moments of lucidity during otherwise incompetent times. so as long as they are lucid at that monet of signing, then all you need is a regular power of attorney.

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Answered on 11/25/08, 2:13 pm


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