My daughter has drug issues that leads her into having Mental issues....she has spent time in a mental as a matter of fact she is in one now...so i really need advice on how to gain Power of Attorney over my daughter please.
Seek an attorney to get a legal Guardianship over her person.
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First of all, I am sorry to hear of your concerns! However, as your daughter is an adult and no longer under your legal direction and control, then you do not have any alternatives than seeking guardianship over her. If your daughter had capacity, which from what you wrote, is highly questionable she would have to consent for you to be appointed as her attorney-in-fact. As she does not likely have capacity not influenced by abuse of substances, then since she is an adult, your only alternative is to retain counsel to help you gain legal guardianship over your daughter or request that she become a ward of the State. Good luck with your endeavors!
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Agreed. If she does not have capacity and you aren't already her attorney-in-fact, then the only other recourse to gain some authority would be through a guardianship.
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Unless there's a provision in the POA allowing for it to become irrevocable at some point, the risk with any POA is that the "donor" of the power (your daughter in this case) can revoke the power. You may want to consider your options under the Marchman Act. Fla Stat 396 and 397.
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I am sorry to hear about your situation. Parents can typically have control over their adult children's medical and financial decisions if there was a Durable Power of Attorney in place. However, the POA must be signed when the client has the capacity to know what they are signing. The mental state of a drug user would be questionable. Unfortunately, you would have to proceed with a guardianship through the court system.
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