Palatka, FL asked in Estate Planning for Florida

Q: Power of attorney over a dying woman of 45 whose mother and children disagree on how and where she will pass.

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1 Lawyer Answer
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
Answered
  • Miami, FL
  • Licensed in Florida

A: A power of attorney to make decisions for a dying person is only as broad as the documents allows (there are limits). Additionally, the power of attorney is only good up until the point where the dying person becomes totally incapacitated. At that point, you would need a Durable Power of Attorney to make decisions. Your fact pattern does not include any information on why there is a disagreement with the family and what your capacity is as per the power of attorney.

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