Legal Question in Family Law in Florida

power of attorney

My mother has recently been hospitalized, she and her husband have been seperated for quite a while. Unfortunately she is comatose and not able to make decisions. She never got an opportunity to finish legalizing her divorce from him. As a result he is intefering with her receiving the proper medical trealment. One out of the two times he has visited her, he has told nurses he has insurance which he does not and this is stopping us from applying for proper medical asisstance for her. They have not had contact in months and have ended their relationship. How can we legally interfere to get power of attorney if we feel he is a threat to her safety and well being?


Asked on 4/13/09, 11:47 am

1 Answer from Attorneys

Robert Roemer Robert Roemer

Re: power of attorney

First, check your mother's papers to make sure she has never signed a Power of Attorney form. People usually do this when the have a Will made out.

Generally, if there is no Power of Attorney, you would have to apply to the Court to appoint a legal Guardian for your mother to handle all matters regarding her financial affairs. Florida has such a proceeding.

If you have any further questions, please feel free to send me your e-mail address to discuss this matter.

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Answered on 4/13/09, 12:43 pm


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