[FL] How can I help my father manage my incapacitated mother’s affairs if she cannot sign a power of attorney?

Lexi, Chatbot

I'm sorry to hear about this situation. Is anyone currently designated as your parent's power of attorney?

Lexi, Chatbot

Have your parents ever discussed this before, or is this primarily your other parent's choice to appoint you?

Lexi, Chatbot

Understood. Is there anything else important for the attorney to know before I connect you? They will be able to help with the power of attorney question.

Legal Eagle

Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Has your mom ever signed any legal documents in the past, like a living will, advance directive, or earlier power of attorney, that might clarify her wishes now?

Legal Eagle

Ok, got it! So as far as you know, no one has power of attorney right now, correct?

Legal Eagle

I'm so sorry about that! What state is this in again?

Legal Eagle

A power of attorney requires the signature and consent of the person granting it. If your parent in hospice cannot understand or sign documents, then they cannot legally create a power of attorney. Because they are incapacitated, the correct legal path is guardianship, not power of attorney.

You cannot obtain power of attorney over someone who cannot consent. You must seek guardianship through the court if you need legal authority.

If you need to make medical or financial decisions on behalf of an incapacitated adult, you must petition the court for guardianship. In Florida, the process includes:

1. Petition for Appointment of Guardian
2. Petition to Determine Incapacity
3. Providing notice to the proposed ward and next of kin
4. Court review and issuance of Letters of Guardianship

These forms explain why guardianship is needed and allow the court to grant decision-making authority.

Does this help clarify the process?

Legal Eagle

You can obtain a form, but it would not be legally valid without your parent's signature. If they are incapacitated, they cannot sign and cannot create a legally binding power of attorney.

Legal Eagle

You may use an advance directive form, but again, it requires their signature. Your other parent, however, can authorize you to assist with communication about medical decisions. But there is no legal way to obtain power of attorney over your incapacitated parent.

Legal Eagle

Yes, you can obtain power of attorney from your other parent, because they are competent to sign. That document would only apply to your other parent, not the parent in hospice.

Doctors are generally allowed to consult the legal spouse, and the spouse may involve you informally, but a formal power of attorney over the incapacitated parent is not legally possible.

Legal Eagle

You're welcome. If you have any more questions or concerns, feel free to ask. I want to make sure you feel fully supported and understand all available options.