Legal Question in Wills and Trusts in Florida

Re: aging parent without will

Florida Law - A will becomes effective when someone passes away. It does not address the issue of who can or can not make decisions on their behalf while they are alive. Power of Attorney documents handle those issues. I suggest that if this parent is competent then a will should be drafted immediately. In any event the previous children as well as the new children can step in and help with the decision making as long as these decisions are not harming the person in need. If the person is competent they can still make their own decisions and I would suggest that this person sign a Durable Power of Attorney for their preference of a Guardian and Health Care Surrogate. If they are incompetent then someone could petition the court to be appointed their legal guardian to handle their affairs for them. However, if the decisions that are being made are helpful then I suggest that everyone works together during this time.