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?

Thanks


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

1 Answer from Attorneys
Marie-Anne Oatley

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.

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


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