Legal Question in Wills and Trusts in Florida

If you have power of attorney, health surrogate, and living will documents for an elderly person, and some files for guardianship: do you lose pwer on all of these documents? If guardianship is awared to the other power, do they have power on all three documents or only power of attorney? Thanks,


Asked on 8/27/10, 3:08 pm

3 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Need more info. Does your power of attorney allow for you as the agent to maintain the owner in the event of incapacity? If so, then I would question who is asking for guardianship as this would not be needed since you have POA.

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Answered on 9/01/10, 3:26 pm
Marc J. Soss Marc J. Soss, Esquire

Under Florida law, once guardianship proceedings are commenced the "Power of attorney" is suspended. However, the health care surrogate, and living will documents remian in full effect. Once the guardianship process is completed, it is within the Judges discretion to reinstate the Power of Attorney and keep the health care surrogate in place.

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Answered on 9/01/10, 4:02 pm
Richard Kaplan

Mr. Soss is correct.

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Answered on 9/01/10, 7:33 pm


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