Home > Research Legal Advice > Guardianship > Do I need a "guardianship" over my mother if I have a Living Will and Du...
Asked 9 months ago - Lakeland, FL
FlagI am appointed as her attorney in the above document. There is a paragraph that states "In the event that my mental or emotional condition at any time warrants the appointment of a guardian or conservator of my person or property, I nominate the attorney acting hereunder to be such guardian or conservator.
A healthcare poa allows you to make, obviously, healthcare decisions for her. If she has any assets or income which require your attention and she is competent, she can appoint you as her agent under a poa for property. If not competent but needs someone to handle her money and assets, you need to consult with an estate planning attorney, because a guardianship could be necessary. Any more facts must be discussed.
There are two types of guardianship in Florida: for the person, and for the property. With a Living Will and Durable Health Care Power of Attorney, you have signficant, but not full, control over your mother's personal affairs. For instance, you don't have the power to require that she enter a retirement home, if she can no longer stay in her own home. If you were Guardian of the Person, you would have that power. But most importantly, the two documents you described give you no power over your mother's finances. A Durable Power of Attorney, properly drawn,
could accomplish this.
Without seeing the documents you have it is impossible to say for sure. MOST medical powers of attorney will do what a guardianship will accomplish, however, a property conservatorship is something completely different, and may be needed if there is no financial power of attorney was also done at the time of the heath care PoA.
I would urge you to consult with a local estate planning and probate attorney to insure you have what you need in place to protect your mother, and how you need to proceed to accomplish the tasks. Good luck!
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