Legal Question in Wills and Trusts in Florida

Incapacitated---power of attorney??

If a parent becomes incapacitated (medically/stroke/incomeptent), and there isn't a spouse. How would the childern (with all in agreement for one child to become power of attorney) obtain a power of attorney over the incapacitated parent, so that they may make the necessary decisions?


Asked on 12/01/05, 10:26 am

1 Answer from Attorneys

0 users found helpful
0 attorneys agreed

Re: Incapacitated---power of attorney??

If the person is already incapacitated, it is too late for the person to execute a power of attorney. The only thing you can do is petition to have the parent declared incapacitated and start a gardianship with the child you have chosen as the gardian. You will need an attorney for these procedings.

Read more
Answered on 12/01/05, 11:19 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida

Looking for something else?

Get Free Legal Advice

88683 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now