Legal Question in Real Estate Law in Florida
power of attorney
My wife is confined to a hospital bed, incapacitated and unable to write, and I have a property closing soon. We have the proerty in both our names,--name removed--A. and Mary F.. Is there some way to obtain a Power of Attorney, or something that I can complete this closing without her signature?? Thank you, sincerely
2 Answers from Attorneys
Re: power of attorney
If your wife is not competent, there is no way at this point to obtain a power of attorney, nor is there any way to dispense with the need for her (or someone with her authority)to sign the deed. Your only legal option is to petition the circuit court (Seminole or Orange, whichever county she is a resident) to determine her incapacitated and to make you her guardian. Once appointed, you can ask the judge for permission to sell the property. This is not a procedure we look forward to recommending, due to the cost, time, and emotional aspect, but you appear to have no other choice.
Re: power of attorney
You fail to indicate what type of incapacity. If it is just physical you can use a POA. If mental, then a court order appointing you guardian is necessary.
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