Jacksonville, FL asked in Family Law for Florida

Q: Are there any lawyers in Tallahassee florida to help me get power of attorney over my daughter?

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2 Lawyer Answers
Lissette Crescimone
Lissette Crescimone
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: If a child is a minor and you are the parent or legal guardian a power of attorney is not necessary. If your child has reached an age of majority, it would depend what you are trying to do- make medical decisions on her behalf, transact in her finances, etc. to determine what type of legal document is necessary to do this. You will need an adult's consent to gain this authority absent some sort of incapacity in which case a guardianship will have to be established through the court.

Lissette Crescimone
Lissette Crescimone
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: If your daughter is a minor and you are the parent or legal guardian you don't need a power of attorney. If she has reached an age of majority you would need her consent to name yourself as her agent under a power of attorney. If she has lost capacity and that is the reason you are seeking to intervene, absent an advance directive naming you as her guardian, you would have to establish a guardianship case through the court system.

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