Tampa, FL asked in Elder Law for Florida

Q: My mother just had a massive stroke and is in ICU I need a power of attorney so that I can take care of her things how d

How do I do that

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

A: You should seek out a consultation with a local elder needs lawyers. However, the answer will turn on whether your mother has the capacity to sign documents. I included a link below to an article that further explains this concept.

If mom is completely cognitively incapacitated as a result of the stroke (without any lucid intervals), any power of attorney would be invalid.

Best of luck.

https://www.elderneedslaw.com/blog/lucid-interval-and-capacity-to-sign

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Elder Law Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: You need to consult with an elder law / estate planning attorney in your area. however, if your mom is not lucid, she cannot grant a power of attorney. it would likely be invalid.

Seek legal advice this is not a do it yourself situation.

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