Jacksonville, FL asked in Elder Law for Florida

Q: What can I do to gain a durable power of attorney for my elderly mother?

She had a severe stroke and unable to make any decision or do for herself.

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
  • Elder Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: If your mom is mentally competent and able to comprehend and act then she can have Florida Durable Power of Attorney Documents drafted and you can use these documents as needed. If your mom is mentally incapacitated and unable to comprehend and act then you will need to pursue and seek guardianship through the courts. You will want and need to speak with a Florida Estate Planning Attorney to get either accomplished.

Cynthia Rignanese agrees with this answer

Cynthia Rignanese
Cynthia Rignanese
  • Estate Planning Lawyer
  • Winter Haven, FL
  • Licensed in Florida

A: It is great that you are taking care of her!

To help you to help her, you have two options, depending on her mental state.

If she is still mentally competent, see an estate planning/elder law lawyer and get

*a Power of Attorney

*a Health Care Surrogate

*and Estate planning done.

If not, a court can appoint you to be her 'guardian,' it is like being a parent for a child, except in reverse. You need a guardianship lawyer to start this process.

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