Legal Question in Elder Law in Florida

Good-Day , my question is when and why did it become law that a person has to have a P.O.A to get their parent's lab work or any info from a nursing home or hospital when they are 80 and have dementia?


Asked on 2/20/12, 2:04 pm

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Simple: if a person does not possess legal capacity, meaning soundness of mind, to

make basic decisions such as medical care, another person can make those decisions

through a DPOA or guardianship. Basic legal rights are part of our constitution until we

authorize another person to handle those matters (through a DPOA) or a court decides

that a person lacks legal capacity and appoints a guardian.

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Answered on 2/20/12, 2:22 pm


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