My father is being discharged from the hospital to a rehab facility. He has has dementia for over 20 years. His health and mental capacity are diminishing. He lives in Florida with my husband and I. I have cancer and my husband is disabled. We have been doing our best but with my fathers' health issues, it has become more difficult. My mother is deceased and I have a brother in Michigan that is in agreement with what will be best for our father.
Which will be better for us to get for him. Guardianship or Power of Attorney. We want to make certain his business in taken care of from now and until he passes away. Please assist me in the best way to proceed.
Based upon the information you provided, including the fact that your father suffers from dementia, you may want to speak with an attorney about applying for limited guardianship. Guardianship is only warranted when no less restrictive alternatives, such as a durable power of attorney, a trust, a health care surrogate or proxy, or another form of pre-need directive, are found by the court to be appropriate and available. However, given your father's condition, guardianship seems like it may be the most appropriate option.
This 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.
3 lawyers agree
Estate Planning Attorney
Sorry for all you are going through.
Everyone in FL should have a Will, Power of Attorney, Health Care Surrogate, and Living Will. If you and your husband don't have these document drafted for yourselves, you should get them immediately.
Given your father's condition, guardianship may be the way to go. That being said, even people suffering with dementia have lucid moments. If you father hasn't been legally declared incompetent and he is lucid when he signs a document, you may be able to get a POA.
I suggest making an appointment with an attorney so you can discuss more specifics regarding your father's mental condition. The sooner you call the better.
Answer does not constitute legal advice. Please call (727) 471-0039 or contact me at firstname.lastname@example.org, if you would like to discuss your Florida legal matter further. This answer is provided for informational and/or educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Adam is a Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
If your father is compentent to sign documents a durable power of attorney or even a trust would be easier to work with than the cumbersome procedures of dealing with a guardianship supervised by the Court. You should consult with a competent attorney in estate planning and elder law matters in your area to discuss alternatives and decide what is best for your situation. You may also want to discuss the possibility of using a professional guardian considering you and your husband's medical issues.
Answering this question is for educational purposes only and is not intended to establish an attorney client relationship
Estate Planning Attorney
If your father is able to sign a Durable Power of Attorney then he should do that. However it sounds like he is not from your question. I would suggest you contact an elder law attorney to discuss your options immediately. The best thing is most likely a guardianship for your father.