Legal Question in Elder Law in Florida

Re: power of attorney aged parent

Unless your mother is of sound mind, you may not be able to get her to sign a Power of Attorney. However, if that is a problem you may need to petition the court to be named as her guardian. This process is a bit more extensive but it is the soundest way to go since a Judge actually signs an order giving you the authority to be named as her guardian.

Re: power of attorney aged parent

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First, I wish to express my thoughts about your mother. It is never easy to deal with making final plans for your parent but it is the wise choice to make. It is far better to deal with eventualities while you are able to rationally make plans rather than when it is too late.

If your mother still is cognizant and of sound mind, tou should have a qualified attorney draft a Durable Family Power of Attorney for you to act on her behalf, together with a Medical Power of Attorney and a Living Will.

Hopefully your mother already has a will, but if not, it should be prepared at this time in order to effectuate an orderly transistion of her worldly possessions. We often make arrangements over a long distance with clients so that their documents are ready for signing when they are able to come into town with their parent to have them executed. You should arrange for a similar convenience for you and your mother.

Best of luck.

Scott R. Jay, Esq.

Scott R. Jay, Esq.