[FL] Does a spouse listed on title as a grantee need to sign a Lady Bird deed if they may have diminished capacity?

FL Estate Planning

Lawyer, Esquire

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Let's go through what you can do next regarding the lady bird deed and your uncle's situation.

Power of Attorney (POA) Before Evaluation: It's generally advisable to establish a POA as soon as possible, especially if there's a risk of diminished capacity. This allows your aunt to make decisions on behalf of her husband if needed. Waiting for a full dementia evaluation might delay this process, and if he's found incompetent, it could complicate matters.
Proceed with the Lady Bird Deed: Since your aunt and her husband are both grantees, and the property is intended for their children, ensure that the deed reflects this intention clearly. If your uncle is still competent, he should sign the deed. If not, having a POA in place will allow your aunt to sign on his behalf. (FL Stat § 709.2104)
Consult an Attorney: Given the complexity of the situation, consulting with a local attorney who specializes in elder law or estate planning in Florida would be beneficial. They can provide guidance tailored to your family's specific needs and ensure all legal requirements are met.
Prepare for the Evaluation: While waiting for the evaluation, gather any medical records or documentation that might support your uncle's current mental state. This can be useful if legal questions arise later. (FL Stat § 744.331)

Please let me know if you have further questions or need more detailed guidance on any of these steps.

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I'm preparing a lady bird deed for my cousins on behalf of my aunt. On the legal state document her husband is listed as grantee. Should he sign the lady bird deed?

Lexi, Chatbot

I understand that preparing a lady bird deed can be a bit complex. Is the husband listed as a grantee on the deed currently, or is he being added as a grantee?

He is currently listed.

Lexi, Chatbot

Are there any specific concerns or issues regarding the husband's involvement in the deed that you would like to address?

He is being evaluated for dementia. State of Florida lady bird deed.

Lawyer, Esquire

Thanks for reaching out. I'm Katie R., an attorney with many years of experience.

I understand you're preparing a lady bird deed for your cousin on behalf of your aunt in Florida, and you're wondering if her husband, who is listed as a grantee and is being evaluated for dementia, should sign it. Could you provide more details about any specific concerns regarding his involvement?

The deed has my aunt as grantor and both my aunt and her husband as grantee.

Lawyer, Esquire

Thanks for sharing that. Since your aunt and her husband are both listed as grantees, it's important to consider his capacity to sign due to his dementia evaluation.

Could you tell me if there are any other family members involved or who might have an interest in this property?

My aunt requested that we create a document so the property can go to her kids, three of them, upon her death. They have three kids together, all adults.

Lawyer, Esquire

Got it, thanks for explaining that. Since your aunt wants the property to go to her kids after her passing, it's crucial to ensure everything is set up correctly.

Could you let me know if there are any legal arrangements in place for your uncle's decision-making, given his dementia evaluation? For example, does he have a power of attorney or a guardian?

He does not have one yet. However, my aunt is putting one in place for herself.

Lawyer, Esquire

Got it, thanks for that information. Since your aunt's husband is being evaluated for dementia, do you know if he has been legally declared incompetent or if there are any legal guardianship arrangements in place for him?

Should we get the full dementia evaluation first or the POA? He’s not officially demented. He has an evaluation next month. No legal guardianship in place.

Lawyer, Esquire

Let's go through what you can do next regarding the lady bird deed and your uncle's situation.

Power of Attorney (POA) Before Evaluation: It's generally advisable to establish a POA as soon as possible, especially if there's a risk of diminished capacity. This allows your aunt to make decisions on behalf of her husband if needed. Waiting for a full dementia evaluation might delay this process, and if he's found incompetent, it could complicate matters.
Proceed with the Lady Bird Deed: Since your aunt and her husband are both grantees, and the property is intended for their children, ensure that the deed reflects this intention clearly. If your uncle is still competent, he should sign the deed. If not, having a POA in place will allow your aunt to sign on his behalf. (FL Stat § 709.2104)
Consult an Attorney: Given the complexity of the situation, consulting with a local attorney who specializes in elder law or estate planning in Florida would be beneficial. They can provide guidance tailored to your family's specific needs and ensure all legal requirements are met.
Prepare for the Evaluation: While waiting for the evaluation, gather any medical records or documentation that might support your uncle's current mental state. This can be useful if legal questions arise later. (FL Stat § 744.331)

Please let me know if you have further questions or need more detailed guidance on any of these steps.

Lawyer, Esquire

25 satisfied customers

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