Legal Question in Elder Law in Florida

Power of Attorney

My grandmother who now lives with me is 77 and is a parniod phcysophranic.She has been hospitaized for this several times, She is becoming very mean and volger and is unable to live alone. She will not sign anything not even the simpliest thing because she is so paraniod. She hears vioces and is becoming to be a problem She has been mentally evaluated and diagnosed as phycso and does not and refuses to take any meds for this condition. In our present situation she needs to be in a assisted living or nursing home for she is not suitable to live with my husband and I. 1. because she is very disrespectful,2. We have a 3yr. old and he does not need to be around the type of volger discusting language she has. How can I obtian power of attorney on her without her consent.


Asked on 9/20/07, 7:32 pm

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

Re: Power of Attorney

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You cannot. A Power of Attorney is given voluntarily by the person executing the instrument. In your situation, you will have to file for an involuntary guardianship over the person and property of your grandmother. It is a costly procedure which will require you to retain an attorney. If the guardianship is granted, the guardian can then take control against grandmother's will and place her in a facility where she will receive necessary care.

Scott R. Jay, Esq.

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Answered on 9/24/07, 12:41 am


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