Legal Question in Wills and Trusts in Florida

Power of Attorney/Estate Question

My grandfather's health has recently started deteriorating. He hallucinates and shakes very badly. He is at the point where he can't write a check legibly anymore. He is not married, but his ex-wife takes care of him (my grandmother).

Should my family be looking into gaining 'Power of Attorney' since he is kind of going towards a ''crazy'' state of mind? Also, he has not written a will. We are trying to get him to currently. What will happen if he dies and there is no will to speak of? He has two sons living currently and two grandchildren.

Thank you!

-Amanda


Asked on 7/09/08, 12:38 pm

1 Answer from Attorneys
Alicia Santana Torres Santana Torres Law Offices, PL

Re: Power of Attorney/Estate Question

He may already be incapacitated, which means he can no longer create a will. You need to seek a local attorney's counsel and opinion as to whether he is competent to write a will. If he can't write a will, his sons will get everything, 50/50. Nobody else gets anything under this scenario. If he can't prepare a power of attorney and health care proxy/living will, you will have to ask the court to establish a "guardian" of his person and property.

Read more
Answered on 7/09/08, 12:51 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida