What do I need to get power of attorney for an incapacitated family member that cant sign the documents necessary?: My father is in a medically induced coma, he would want me to have power of attorney I am just unsure how to go about getting the documents signed since he is unconscience. Is this possible... Please note my father is located about 5 hours away so most of the communication has to be done long distance.
Blaise’s answer:
I agree with the previous two attorneys. You are past that point where you could obtain your father's signature on a Durable Power of Attorney. However, one glimmer of hope, you said that your dad is in a medically induced coma. Will he come out of it? If he does, will he be competent to sign. Even if he cannot sign, someone can sign for him in his presence with his permission if the notary is present at the same time -- as long as he is competent.
If you can avoid a guardianship, by all means, try to. They are very vexing and expensive in Florida. That's why everyone over a certain age should have a durable power of attorney.
53 yrs old no job on food stamps and need medical are. do i qualify for medicade?: type 2 diabieds, 1 shot and 6 pills per day. high blood pressure 4 different meds per day. several other preciption meds for other problems totaling over 1000,$ per month, ineed help
Blaise’s answer: I agree with attorney Friedman, as far as he goes. Technically, you really don't need an attorney. You make the application yourself and you get the attorney only if the social security administration turns you down. Those who are under 65 and have been declared to be disabled get a SSI pension and Medicaid. You make that application at the Social Security office near you. They will send you here and there to be examined. If they turn you down, look for a social security lawyer there in Jax. The lawyer gets paid by the court if he suceeds. It may be a good time for you to apply. According to the media the number of people on disability has skyrocketed in the Obama administration.
What forms do i fill out to give my sister my interests in my mothers property?: i live in florida, my mother passed away about two years ago and had property that was her homestead. property is still in her name.
Blaise’s answer:
There is no national probate law and New York International lawyers and California probate lawyers have no business giving a Floridian legal advice on probate.
The answer to your question is that you have to undergo a formal probate there in Orange County, Florida in order for title to be transfered from your deceased mother's name to you and your sister (presuming you are the only two heirs.) Then you can execute a Quit Claim deed for your share to your sister. In fact, if I were advising you, assuming your sister is living in the house and you want to give it to her but you don't want to initiate a probate, just give her the quit claim deed now and let her do what she wants about the probate. But the estate MUST be probated otherwise when your sister wants to sell the property to a buyer, who would sign the deed when the public record shows that the property is still in your mother's name. Your mother having passed over two years ago makes the probate even simpler. But there are no "forms" to do this. You have to have a probate attorney who prepares the documents from scratch.