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

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 dad when he signs. The matters of capacity are subjective and critical. It is well worth the money and time to contact an experienced elder law attorney in the area of your grandfather and hire that person to take care of the needed documents and their execution. See naela.com for a database of elder law attorneys in Florida. It is also important to have your grandfather execute a health care surrogate document along with the Power of attorney. The HCS will allow your Dad to make medical decisions for your grandfather, if your grandfather can't make them him self.

Grandfather would have to sign power of attorney granting son the power to act in his behalf. Attorneys ofter can go to his home or hospital if he is unable to travel. Grandfather would have to be competent and understand what he is signing. The power of attorney would be void upon death-so grandfather would also need will appointing personal representative and instructions of distribution.

Thanks for your question. My heart goes out to your family on such a difficult situation. Since I am an attorney and you are not my client, I can only provide you with general information that you may find to be of some help.

If your grandfather does not have the capacity to competently be able to sign a power of attorney for fianances or healthcare, it may make sense for your family to contact a Florida attorney and see if a guardianship is the right answer. The individual that has guardianship will be under the auspices of the court and must give accountings of how your grandfather's monies are being spent, and needs are being met. In general, the Courts prefer the least restrictive level of guardianship, and because this is so serious, the Court will enquiry with reviews by specially trained agents (doctors, etc) to see if a guardianship is needed.

Again, I would strongly encourage you and your father to seek the advice of a licensed Florida attorney that can help you evaluate what is best for your grandfather and your family.

Best of luck,

Shawn C. Newman, Esq.
Attorney At Law*
Law Office of Shawn C. Newman, P.A.
Serving all of the greater Fort Lauderdale area
1881 N.E. 26th Street, Executive Suite 212 E
Wilton Manors, FL 33305
Local - (954) 563-9160 - Toll-Free - (877) 552-9385
(* licensd to practice law in New Jersey, Florida and the District of Columbia).

Thanks for your question. My heart goes out to your family on such a difficult situation. Since I am an attorney and you are not my client, I can only provide you with general information that you may find to be of some help.

If your grandfather does not have the capacity to competently be able to sign a power of attorney for fianances or healthcare, it may make sense for your family to contact a Florida attorney and see if a guardianship is the right answer. The individual that has guardianship will be under the auspices of the court and must give accountings of how your grandfather's monies are being spent, and needs are being met. In general, the Courts prefer the least restrictive level of guardianship, and because this is so serious, the Court will enquiry with reviews by specially trained agents (doctors, etc) to see if a guardianship is needed.

Again, I would strongly encourage you and your father to seek the advice of a licensed Florida attorney that can help you evaluate what is best for your grandfather and your family.

Best of luck,

Shawn C. Newman, Esq.
Attorney At Law*
Law Office of Shawn C. Newman, P.A.
Serving all of the greater Fort Lauderdale area
1881 N.E. 26th Street, Executive Suite 212 E
Wilton Manors, FL 33305
Local - (954) 563-9160 - Toll-Free - (877) 552-9385
(* licensd to practice law in New Jersey, Florida and the District of Columbia).