Legal Question in Family Law in Florida

removing wife as medical decision maker

My friend is in th process of divorce, but it has not been filed as yet. He has suffered a fractured skull and his wife does not have his best interest at heart. Is it possible to have her removed of power over him and give it to his daughter? Every time his wife comes in the room he becomes more agitated which could lead to increased brain injury. So again, my question is can her power over him be taken away and given to his daughter?

Thank you for your response


Asked on 3/09/09, 5:14 pm

1 Answer from Attorneys
Mark Hanks Attorney Hanks, P.A.

Re: removing wife as medical decision maker

If your friend's brain injury left him incapacitated (unable to make decisions for himself), the daughter could file a petition for guardianship, and seek to be appointed the guardian of his person and property. If his injury left him still able to make decisions, all he would need to do, would be to write out or sign a document terminating any power of attorney or health care directive, he had given her in the past.

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Answered on 3/09/09, 9:18 pm


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