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Procedure for getting a power of attorney in florida state

Asked over 3 years ago - Jacksonville, FL

my life partner is in the hospital, we are not married and i do not have a power of attorney on him, so the doctors will not take my advice for him, even though he verbally gave it before he got worse. my question is: can his daughter give me a power of attorney for him?

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Attorney answers (4)

April Denise Hill

Reputation Level 11

Answered over 3 years ago. Elder Law Attorney in Saint Petersburg, FL.

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Basically, no, his daughter cannot. The only person that can give a power of attorney or health care surrogate to someone is the individual. That person must have the capacity to do so. If the individual is incapacitated and there is no power of attorney or health care surrogate, then the hospital can appoint someone as health care proxy under FS 765.401. If all people ahead of you in priority decline, you can be appointed. The last alternative is a guardianship proceeding.

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Marc Jeremy Soss

Reputation Level 11

Answered over 3 years ago. Estate Planning Attorney in Sarasota, FL.

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Under Florida law, only your life partner can provide you with a Power of Attorney and Health Care Surrogate. His daughter does not have the authority to grant you this power on his behalf. However, if your partner is awake and has competency, your partner could sign a document prepared on his behalf granting you that authority.

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Scott Rosen

Reputation Level 7

Answered over 3 years ago. Business Attorney in Fort Lauderdale, FL.

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No, only a competent individual can designate an attorney-in-fact (the appointee's name under a power of attorney). If he is not competent to make decisions, you would need to file incapacity and guardianship proceedings in the mental health/probate/guardianship court of your local circuit court. That would result in the court inquiring as to his capacity and deciding if a guardian should be appointed to take care of his personal and financial affairs.

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Lisa Renee Wilcox

Reputation Level 8

Answered over 3 years ago. Contracts / Agreements Lawyer in Saint Petersburg, FL.

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While his daughter cannot give you a power of attorney, it is possible that he may have periods of lucidity sufficient enough to have the capacity to give you a health care surrogate (aka a heath care power of attorney). In order to overcome this issue, I strongly recommend that you seek the help of an attorney to prepare an affidavit for your partner's doctor to sign at the same time as the partner executes the power. The affidavit would be as to your partner's lucidity and understanding.

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