[FL] My brother is incapacitated and in the hospital. How do I execute a power of attorney without his signature?
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In order to execute a power of attorney (POA), the person granting the power (your brother) must be mentally competent and able to knowingly and voluntarily sign the document. (§ 765.202(1))
Unfortunately, if your brother is incapacitated to the point where he cannot communicate or understand what’s happening, he cannot legally sign or authorize a POA. In that case, a standard POA is not an option.
Since you mentioned that he has no spouse or children, and there are no other agents appointed under an existing durable power of attorney, the proper legal route now is likely to pursue a guardianship (also called an incapacity proceeding) in Florida.
Here’s what that typically involves:
- Petition for Determination of Incapacity – You (or another interested person) file this in the probate court in the county where your brother resides (Orange County, if he’s in Orlando). The court appoints an examining committee to evaluate your brother’s condition.
- Petition for Appointment of Guardian – You can file this at the same time or shortly after, asking the court to appoint you as his legal guardian.
- Court Hearing – The judge reviews the findings of the examining committee to determine whether your brother is legally incapacitated and, if so, whether you are a suitable guardian.
If approved, the court will issue an order giving you legal authority to manage your brother’s financial, medical, and legal affairs.
In the meantime, the hospital proxy form you signed likely grants you authority to make medical decisions only. It does not give you control over his finances or property — only a court-appointed guardianship can do that if no valid POA exists.
Because this process is detailed and time-sensitive, I recommend contacting a Florida probate or elder law attorney as soon as possible to help file the petitions. You can find experienced lawyers through Avvo.
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My brother is in the hospital and is unable to talk. There is no one else to handle his affairs — he has no children and no wife. How can I do a power of attorney without his signature?
I'm sorry to hear about your brother’s situation. Are you looking to obtain a power of attorney to handle his affairs while he is in the hospital?
Yes.
Do you have any legal documentation or authority to act on behalf of your brother, such as being named as his healthcare proxy or having a durable power of attorney in place?
Yes, I do.
Is there anything else the lawyer should know before I connect you?
Yes. What I have is a proxy form I signed from the hospital.
Hello, my name is Blake, and I am a licensed attorney with AskALawyer.
First of all, how long ago did this happen, and where was it located?
In Orlando, Florida. This happened on Memorial Day.
In order to execute a power of attorney (POA), the person granting the power (your brother) must be mentally competent and able to knowingly and voluntarily sign the document. (§ 765.202(1))
Unfortunately, if your brother is incapacitated to the point where he cannot communicate or understand what’s happening, he cannot legally sign or authorize a POA. In that case, a standard POA is not an option.
Since you mentioned that he has no spouse or children, and there are no other agents appointed under an existing durable power of attorney, the proper legal route now is likely to pursue a guardianship (also called an incapacity proceeding) in Florida.
Here’s what that typically involves:
- Petition for Determination of Incapacity – You (or another interested person) file this in the probate court in the county where your brother resides (Orange County, if he’s in Orlando). The court appoints an examining committee to evaluate your brother’s condition.
- Petition for Appointment of Guardian – You can file this at the same time or shortly after, asking the court to appoint you as his legal guardian.
- Court Hearing – The judge reviews the findings of the examining committee to determine whether your brother is legally incapacitated and, if so, whether you are a suitable guardian.
If approved, the court will issue an order giving you legal authority to manage your brother’s financial, medical, and legal affairs.
In the meantime, the hospital proxy form you signed likely grants you authority to make medical decisions only. It does not give you control over his finances or property — only a court-appointed guardianship can do that if no valid POA exists.
Because this process is detailed and time-sensitive, I recommend contacting a Florida probate or elder law attorney as soon as possible to help file the petitions. You can find experienced lawyers through Avvo.
Thank you so much.
