[FL] Would a POA protect my disabled sister from unfair labor conditions?
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I’m so sorry about this situation. Here’s the short answer: you can obtain guardianship over your sister, which will help with the exploitation. Her undocumented status does not prevent this.
Here’s the long answer: In Florida, guardianship allows someone to legally take care of the medical and financial needs of another adult. To do this, you’ll need to go through the court system. It starts with:
- Petition and Order of Guardian
- Petition to Determine Incapacity
- Petition, Notice, and Order for Appointment
After approval, the court issues Letters of Guardianship.
In terms of the differences between guardianship and POA:
- POA is okay, but given her intellectual disabilities, it may be invalidated. Plus, POA is very limited in authority—doctors and banks can ignore you. Guardianship gives you legal power they cannot ignore.
- Guardianship can take some time, but you can request emergency guardianship, which can be approved in about a week (744.3031).
So yes, you could do POA for now, but it’s very limited and questionable given her condition. I know it’s a lot, but does all of that make sense?
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I have a sister who is 50 years old. She has an intellectual disability and is pending further evaluation. We want her to get legal help because her employer is taking advantage of her. Would a power of attorney be a good option to be able to help her?
I'm sorry to hear about your sister's situation. Has she been diagnosed with a specific intellectual disability?
It's still pending. However, we have a brother who has been diagnosed, and she acts just like him. He pretty much works for free and gets taken advantage of all the time by her peers. We have a hard time getting her into the doctor because she’s an adult. They said we need something in writing so we can be released all her medical information and request further evaluations.
Can you provide more details about how her employer is taking advantage of her?
She works 15-hour days and doesn’t get paid for 3–4 months. When she finally gets paid, her employer tells her not to cash the checks because she doesn’t have funds. She also brings in undocumented workers and makes them live together in one of her homes. We just don’t know how to help my sister, but she needs to rest and be paid for her hard work. It’s hard to advocate for her because she’s an adult, and we don’t have any legal standing.
Is there anything else the lawyer should know before I connect you? Rest assured, they’ll be able to help with employment exploitation.
No, that’s pretty much it, thank you!
Hey there! Welcome to AskaLawyer. I'm Legal Eagle, an attorney with many years of experience, and I’m here to help. What are you hoping to achieve from this conversation?
We just want to know what the best way is to help her legally.
Got it. Are there any other family members or support systems involved in advocating for her well-being?
Yes, me and my older sister only. We don’t have anyone else who looks out for her.
What state is this in?
Florida.
Thanks. Any other facts you’d like to share before I give you an answer?
She’s undocumented, and we’re afraid her employer will call immigration to get rid of her and not be responsible for what she’s done.
I’m so sorry about this situation. Here’s the short answer: you can obtain guardianship over your sister, which will help with the exploitation. Her undocumented status does not prevent this.
Here’s the long answer: In Florida, guardianship allows someone to legally take care of the medical and financial needs of another adult. To do this, you’ll need to go through the court system. It starts with:
- Petition and Order of Guardian
- Petition to Determine Incapacity
- Petition, Notice, and Order for Appointment
After approval, the court issues Letters of Guardianship.
In terms of the differences between guardianship and POA:
- POA is okay, but given her intellectual disabilities, it may be invalidated. Plus, POA is very limited in authority—doctors and banks can ignore you. Guardianship gives you legal power they cannot ignore.
- Guardianship can take some time, but you can request emergency guardianship, which can be approved in about a week (744.3031).
So yes, you could do POA for now, but it’s very limited and questionable given her condition. I know it’s a lot, but does all of that make sense?
Okay, that makes sense. Thank you for the clarification.
For sure! Were there any details I missed or concerns you still want addressed?
No, that’s pretty much it. Thank you again.
You got it—and good luck. I hope I was able to help resolve your issue. If you have any other questions, feel free to ask!
