Legal Question in Wills and Trusts in Florida

Can a power of attorney be established for my mothers estate if she has no living will and is mentally unable to appoint someone?


Asked on 12/20/10, 6:43 am

3 Answers from Attorneys

John Harmon The Law Office of John W. Harmon

No, but you can get her a guardian and/or conservator.

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Answered on 12/25/10, 7:39 am

The problem is not the living will, its that she is mentally unable to appoint. A Power of Attorney isn't valid unless the maker of it is legally competent.

The alternative now is a guardianship.

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Answered on 12/25/10, 7:49 am
Marc J. Soss Marc J. Soss, Esquire

Unfortunately not, as stated above. Competency is required to execute any type of estate planning document. However, guardianship is your next option to accomplish your objectives.

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Answered on 12/25/10, 9:04 am


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