Legal Question in Wills and Trusts in Florida

If your son is in a vegative state he is not able to execute a Power of Attorney. You will need to commence guardianship proceedings to gain control over the ability to make medical and financial decisions on his behalf.

First my condolences on your situation. If he is already incapacitated you will not be able to get a Power of Attorney over him. What you may need to do is get guardianship over him. There are several factors to consider and that must be discussed before doing this.

You should find an "Elder Care" attorney or one who has experience in setting up guardianships. It can be tricky and there are several pitfalls that an inexperienced attorney may not be aware of. If you need help finding one you can contact the Florida Bar referral department from their website www.floridabar.org or you can call the office of the public guardian or even your local clerk of court for a list of attorneys who handle this type of work.

If you need more assistance finding an attorney in this field in your area, please let me know via my office email address.

A Power of Attorney cannot be obtained since he is in no condition to grant it. You will have to set up a Guardianship through the court to oversee his affairs. I wish I could give you better news.

You can not get a POA. You must file for guardianship. If you are in my area, contact my office for an appointment.