What do I need to get power of attorney for an incapacitated family member that cant sign the documents necessary?

Attorney answers (3)

1. Licensed in FL

   

   Roberto Vazquez

   Orlando Landlord / Tenant Lawyer

   Contributor Level 7

   3

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   Answered January 06, 2013 08:01. You may want to look toward filing a petition for guardianship under chapter 744, Florida Statutes. This would allow you to make decisions regarding your father's affairs.

   This communication is not intended to, and does not, create an attorney/client relationship. You are encouraged to... moreThis communication is not intended to, and does not, create an attorney/client relationship. You are encouraged to consult with an attorney in your area to discuss your case in person. Roberto M. Vazquez, Esq. and the Morey Law Firm, P.A. practice law throughout the state of Florida. Please visit our website at www.moreylawfirm.com. less

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2. Licensed in FL

   

   Brent Allan Rose

   Tampa Family Law Attorney

   Contributor Level 19

   3

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   Answered January 06, 2013 08:53. You are now past the point of a power of attorney. Now you should file for guardianship. A family lawyer can help you.

   The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... moreThe contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button! less

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3. Licensed in FL

   

   Blaise E. Picchi

   Fort Lauderdale Chapter 7 Bankruptcy Attorney

   Contributor Level 15

   2

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   Answered January 06, 2013 10:19. 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.

   The foregoing is not intended as legal advice or to create an attorney-client relationship. Such Legal Information... moreThe foregoing is not intended as legal advice or to create an attorney-client relationship. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. less

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