Legal Question in Family Law in Florida
My father suffered a massive stroke 3 weeks ago and is paralyzed on his right side and cannot talk, he can only shake his head yes or no. He is in a rehabilitation center for stroke victims right now but when he gets out I know my step mother will not take care of him. My sisters and I would like to get power of attorney and take care of him ourselves so we know his needs are met. How do I find out what we need to do in order to get this situation figured out and rolling?
1 Answer from Attorneys
Provided he has mental capacity to execute a power of attorney, you could have him do so, appointing you as his agent to make decisions. However, if he does not have the mental capacity to execute a power of attorney, you would be required to commence a guardianship proceeding to gain power over his affairs.