Legal Question in Wills and Trusts in Florida
power of attorney
I am a full-time senior in college at the University of Central Florida, and am 20 yrs old. About 3 weeks ago, my father had a surgery for a defribulator to be put in for his heart condition. During the surgery, he went into cardiac arrest and is now currently in a vegitative state and doctors doubt he will regain consciousness. Due to the fact that this situation was completely unprecedented, my father did not leave a power of attorney to my mother. This presents many problems. Onein particular is that during the time that he went in for surgery, he had filed a worker's comp lawsuit to his previous employer. Now, the attorney says that we may not be able to do anything because he is not conscious and my mother has no legal right to represent him. I know that this is not the first instence for this particular situation, and there has to be something that can be done to compensate for the pain and suffering that my father's previous employer caused. So if anyone could please help me regarding this matter I would greatly appreciate it. Thanks for your time, Ayelen--name removed--
2 Answers from Attorneys
Re: power of attorney
Any competent guardianship lawyer (i.e., a lawyer who specializes in guardianship, not a run-of-the-mill lawyer) will know how easy it is to get a temporary emergency guardian appointed to pursue the workers comp claim. Should not cost over $1,000 to do. Simple forms. One 10 minute hearing.
Re: power of attorney
You mother needs to file with the circuit court in the county where your father is a resident to have him declared "incapacitated" and to have herself appointed his guardian. She would need an attorney to do that for her and guide her through the process. This answer, of course, does not address the evidentiary problems which may be there since your dad cannot testify.
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