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.
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
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.
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.
