Legal Question in Elder Law in Florida

Mother gravely ill

My mother went to Florida to vacation over the winter and has since become gravely ill in a Florida hospital with little chance of recovery. My 2 sisters who live there have medical power of attorney but nothing else. The Post Office is no longer forwarding her mail to my sisters house since the temporary forwarding has now expired. I have spoken to the Post Office and was told that they could not do anything without a POA. Since my mother is incapable of signing a POA, I believe that we need guardianship over her affairs, but I am not sure where to start. How do we start the process? Her place of residence is in Indiana. Can you help?


Asked on 5/02/08, 12:40 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Mother gravely ill

If mom is now situated in Florida, you will need to file a guardianship in the State of Florida in the County in which she is residing. It is a costly procedure. An application is first filed with the mental health division of the court which is followed by the Petition for Guardianship. A committee will be appointed by the court which consists of two doctors and a layperson, each of whom is compensated for his or her services. In addition, an attorney will generally be appointed to represent the alleged incompetent to protect his or her interests.

You will need to retain a Florida attorney to handle this matter. It is too complex to handle without an attorney.

Scott R. Jay, Esq.

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Answered on 5/02/08, 2:04 pm


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