[FL] [FL] How do I complete a POA for my mom?
So my mom is placed on hospice and cannot make decisions for herself. My dad is her husband, legally married, but he wants to sign me power of attorney to be able to help with all the financial stuff. Who do I put as first on the paperwork, my dad or my mom?
23
10
Solved
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated. The law would not allow you to seek power of attorney over her because it requires her consent. If she cannot make decisions, you need to seek guardianship through the courts. That's the short answer.
Here is the long answer: It's not out of the ordinary for people to want to help take care of the medical and financial needs of another adult. To do this, you are going to need to get guardianship over the person. If you are looking to have legal rights over them, then you must go through your state's court system.
In Florida, it starts with the Petition and Order of Guardian
If the proposed guardian must also submit the Petition to Determine Incapacity. This document explains the reasons why a person seeks guardianship.
The proposed guardian must also give notice orally and in writing of the petition to the proposed ward, and to the "next of kin" of the proposed ward using this form. The next-of-kin are those who are heirs (e.g., spouses and children).
Upon approval, the court will issue the Letters of Guardianship.
I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.
0
Durable Power of Attorney
Create Document
Full Conversation
So my mom is placed on hospice and cannot make decisions for herself. My dad is her husband, legally married, but he wants to sign me power of attorney to be able to help with all the financial stuff. Who do I put as first on the paperwork, my dad or my mom?
Lexi, Chatbot
I'm sorry to hear about your mom's situation. Who is currently designated as your mom's power of attorney, if anyone?
No one, but since my dad is her legal husband.
Lexi, Chatbot
Have your mom and dad discussed this decision together, or is it primarily your dad's choice to appoint you as power of attorney?
My mom is not responsive, so my dad falls as the one to make the decisions, but as far as understanding to call appointment, doctors, insurance, apply for benefits, cost, Social Security. He’s unable to do that.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your power of attorney.
No
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation!
Has your mom ever signed any legal documents in the past, like a living will, advance directive, or earlier power of attorney, that might clarify her wishes now?
No
Legal Eagle
Ok, got it! So as far as you know, no one has power of attorney right now, correct?
Yes
Legal Eagle
I'm so sorry about that! What state is this in again?
Florida
Legal Eagle
Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.
Legal Eagle
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated. The law would not allow you to seek power of attorney over her because it requires her consent. If she cannot make decisions, you need to seek guardianship through the courts. That's the short answer.
Here is the long answer: It's not out of the ordinary for people to want to help take care of the medical and financial needs of another adult. To do this, you are going to need to get guardianship over the person. If you are looking to have legal rights over them, then you must go through your state's court system.
In Florida, it starts with the Petition and Order of Guardian
If the proposed guardian must also submit the Petition to Determine Incapacity. This document explains the reasons why a person seeks guardianship.
The proposed guardian must also give notice orally and in writing of the petition to the proposed ward, and to the "next of kin" of the proposed ward using this form. The next-of-kin are those who are heirs (e.g., spouses and children).
Upon approval, the court will issue the Letters of Guardianship.
I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.
Can I just get a power of attorney form?
Legal Eagle
So you can, but a power of attorney is not valid without your mom's signature, and if she's incapacitated, she has no way to make it binding.
I don’t want to take over anything, just be able to make calls on their behalf.
Legal Eagle
You can try this link - Advance Directive Form
However, it's not legally possible for you to get power of attorney. Dad can authorize you to make medical decisions for her if she can't, but there can be no power of attorney document.
So can I just do power of attorney over my dad?
Legal Eagle
Yes, only over your dad.
Legal Eagle
The law generally allows doctors to consult your dad (or you if your dad wishes) for medical decisions regarding your mom if she can't, without a written power of attorney, but no power of attorney document over mom herself is legal. I know it's confusing, but does that make sense?
Legal Eagle
Did you have any other details you needed addressed, or did you have any concerns in general you still needed addressed?
Legal Eagle
128,690 satisfied customers
5 lawyers online now
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
