Gainesville, FL asked in Elder Law for Florida

Q: How can I get power of attorney for my Grandfather if he is resistant to it? He is showing early stage dementia.

Related Topics:
3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: A POA is voluntary; if he doesn't want to sign one you cannot force him too. What you need to do is to apply to be his guardian.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: A POA is voluntary; if he doesn't want to sign one you cannot force him to. What you need to do is to apply to be his guardian.

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
Answered
  • Elder Law Lawyer
  • Aventura, FL
  • Licensed in Florida

A: As my colleague stated, granting power of attorney is voluntary and cannot be coerced. First - you (and other family members or friends) should sit with your grandfather to explain why a POA is necessary - to carry out his wishes when he is unable to act for himself. If he is still resistant - not much you can do. If he is just in early stages of dementia a guardianship may be premature.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.