Legal Question in Family Law in Florida
Power of attorney
Does my husband have automatic Power of Attorney for his retarded 51 year old daughter? He wants to hand Power of Attorney for her over to his son. She lives with the son..
Asked on 12/17/07, 10:32 am
3 Answers from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: Power of attorney
There is no such thing as an automatic power of attorney. If his daughter is competent to manage her own affairs, she can grant power of attorney to his son. If she is not competent to handle her own affairs, his son can seek guardianship of her.
Answered on 12/17/07, 10:57 am
Stanley Miller
Stanley M. Miller, P.A.
Re: Power of attorney
No, it must be in writing, signed and notarized by his daughter. Otherwise a court order is necessary.
Answered on 12/17/07, 2:09 pm
Re: Power of attorney
Nope, but if she is not competent to handle her affairs, then a plenary guardianship would be the answer.
Answered on 12/17/07, 3:22 pm
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