Legal Question in Elder Law in Florida

Re: Do I need Guardianship

A guardianship should be your last resort. Do it only if the other documents do not suffice. They should, if property drawn and executed.

Re: Do I need Guardianship

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If the instruments were properly drafted, you should be fine. I often draft similar instruments for my clients and several have used them in a time of need.

Please remember that just because your wife can no longer sign her name legibly does not mean she cannot sign. Any mark can be used when signed in the presence of appropriate witnesses. As long as your wife can understand what she is doing, she can place her mark on an instrument and it is just as valid as signing her name.

Scott R. Jay, Esq.