David Paul Fitch's Answers

David Paul Fitch
Champlin Elder Law Attorney.
Contributor Level 6

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Attorney answers:

  1. Shawn C Newman
  2. David Paul Fitch
  3. Joseph Franklin Pippen Jr.

Procedure for getting a power of attorney for incapacitated family member in FL state

Asked by a user in Orlando, FL - almost 4 years ago.

The critical question at the beginning is how much capacity your grandfather has to understand the nature of the documents that he is asked to sign and an understanding of the consequences of signing them. If your grandfather is unable to grasp the idea that your dad could help him with decisions regarding assets and rights, then he probably does not have the capacity to sign the document. He doesn't, however, have to understand all the nuances of what powers the Power of Attorney gives your...

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