Legal Question in Wills and Trusts in Florida

Power of Attorney age requirements in Florida

My ex-wife has a brain tumor that is terminal and will soon cause her to become incapacitated. Her ability to communicate has deterirated rapidly, as has her right side muscle use. My two sons are doing what they can to help her. Their ages are 24 and 20. the 20 year old recently relocated to Florida so that he can assist in his mother's care. The older son, however, for employment reasons, cannot do so. He currently lives in Virginia and commutes when he can to Florida to help with his mother's care. She lives in Jenson Beach. Florida. Can my sons obtain ''power of attorney'' if she so wishes and is the the younger son, currently age 20 able to since he is the one who can be there with her, or does he have to be 21? Can ther be joint ''Power of Attorney'' between the two boys or is ther a mimimum age requirement?


Asked on 6/22/02, 10:29 pm

1 Answer from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Power of Attorney age requirements in Florida

She should be sure that she has her Will and Power of Attorney's prepared and executed at this time ONLY if she is able to read and understand what she is reading and doing. She should also at this time be sure that her assests are titled with beneficiaries or joint ownership. That way her estate would not have to pass through probate and they would pass automatically to the joint owner or beneficiary. She should consult with an attorney in her area now to get everything arranged. Unfortunately I am in Broward County. Therefore, contact an attorney and request that the attorney go to her whether at her home or at a hospital. It may cost a little more but it will be worth it in the long run.

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Answered on 6/23/02, 2:21 pm


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