Legal Question in Elder Law in Florida

Power of Attorney

Both my parents reside in a condo in fla, both my father and i are on the deed since my mother's name was dropped after i took over the condo's mortgage payments and just kept my father and my name on the deed. my mother has alzheimers. I live in NYC. Now, what i would like to know is i would like to refinance the condo in the future at an owner-occupied rate, but florida requires my mother's signature, since fla is a ''marital state'', and, of course, she cannot sign because of her alzheimers. Could i possibly get a power attorney over my parents?, since they are elderly and my father doesn't have power of attorney over my mother since a POA was never done before she was acquired alzheimers. I was told he can look into a guardianship, but that would cost about $2500 - which we both cannot afford. Is there any other type of legal form for such a case as this where it is less expensive and there are no courts involved?


Asked on 7/30/04, 4:44 pm

1 Answer from Attorneys

Re: Power of Attorney

You won't be able to get a POA since a POA requires that your mother to execute the document. She must not be incapacitated to do so. That is why the guardianship was recommended.

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Answered on 8/01/04, 10:49 am


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