Legal Question in Elder Law in Florida

My grandfather is 94 and was "baker acted" by his assisted living facility due to aggressive and unregulated sundowners. After calling our family for permission before administering every single drug (none of us are medical professionals) they administered Halodol after we specially forbid it due to his advanced age and the grave and well-documented side effects. How do we find a health advocate and what do we do now from a legal standpoint?


Asked on 8/24/16, 5:01 pm

3 Answers from Attorneys

Jason Neufeld Neufeld, Kleinberg & Pinkiert, PA, a personal-injury and elder law firm

If there is no healthcare power of attorney, you will likely need to institute a guardianship proceeding.

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Answered on 8/24/16, 5:10 pm
Lucreita Becude Lucreita D. Becude, P.A.

You need to file for guardianship over your grandfather. I have to assume that his wife is deceased or unable to care for him. Once you have the guardianship, you can determine if you get plenary, where he is to live and which physicians he sees.

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Answered on 8/25/16, 6:54 am
Lucreita Becude Lucreita D. Becude, P.A.

You will need to file for guardianship (plenary) over your grandfather . I assume his wife is deceased and/or unable to care for him. The guardianship will allow you to select the living facility for him and also to allow you to take him to the proper medical physicians.

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Answered on 8/25/16, 6:56 am


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