Legal Question in Wills and Trusts in Florida

Any alternatives to having to file for Guardianship on behalf of my father with

My elderly father, after a stroke and a hip fracture has had his dementia kick in full force, perhaps permanently. In the past, he has sidestepped my requests to execute a general or durable Power of Attorney always saying, it's not time yet. I know! The fact is, he might need skilled nursing and other medical services from here on and does have adequate resources. As his closest next of kin, I need to get into his accounts to pay for those services short and perhaps long-term. Question: in his present capacity, is there any way that I can be declared or assume his power of attorney being his next of kin and sole estate beneficiary without the expense and time of filing for guardianship????

Thank you for your time and input.


Asked on 4/26/01, 10:47 am

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Any alternatives to having to file for Guardianship on behalf of my father w

Power of attorney is out of the question since he no longer has the mental capacity to sign that legal document. If your name is not on the accounts as a joint owner, than you can not withdrawal even for his benefit without a court order and the court order requires a guardianship to be filed.

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Answered on 6/18/01, 2:00 pm


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