Legal Question in Wills and Trusts in Florida

My grandfather has alzheimers disease and recently suffered from a stroke, can my grandmother still get a power of attorney?


Asked on 1/12/10, 8:11 pm

4 Answers from Attorneys

David Slater David P. Slater, Esq.

No.

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Answered on 1/17/10, 10:54 pm

As long as your grandfather is incapacitated (not of sound mind and unable to make decisions), a Power of Attorney cannot be executed. I strongly recommend consulting with an attorney in your area that handles guardianships. A guardianship can be obtained in a situation like this but it requires an Order from the court.

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Answered on 1/18/10, 6:11 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Probably not. Sounds like he is not competent.

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Answered on 1/18/10, 2:43 pm
Lucreita Becude Lucreita D. Becude, P.A.

Your grandmother can apply to the court for guardianship over him. This way she has the right to say where he lives and how his treatment is to be handled and will have the ability to take care of finances.

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Answered on 1/19/10, 11:30 am


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