Hello. My mother is 93, in assisted living, has Alzheimers. There is no Power of Attorney. I was told that it is too late to draw up this document since she is mentally incapacitated. I don't agree. Meanwhile I have no say in her care and the nurses tell me I can suggest but POA would be helpful. How do I go about getting power of attorney, and health care proxy for her?
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
How do i get power attorney for mother w/alzheimers in florida
- Thread Starter mustang54
- Start date
- Status
Your only option at this point is probably guardianship.
http://www.flcourts.org/gen_public/family/self_help/guardianship/index.shtml
fredrikklaw
Moderator
Who says she is mentally incapacited?
MUSTANG54:
You did not mention by whom you were told that "it is too late to draw up this document," but unless someone, somewhere, and at some time in the past had filed a petition for a Mental Capacity Hearing at which your mother was officially found by the court to be Non Compos Mentis (Mentally Incapacitated), then there is nothing stopping her from authorizing a power of attorney.
So, if what you were told or are being told about your mother being mentally incapacitated comes from any source other than a court of law and only after a proper hearing and an examination by a court-appointed committee made up of physicians, nurses, and social workers, then you will do well to ignore them all and proceed with drawing up the power of attorney. The nurses at the hospital are just doing what they are told and are covering the bases and cannot be blamed at all, but that is not to say that they can decide on their own who is and who is not mentally sound.
The document that you need to draw up for your mother to sign is called an Enduring Power of Attorney (or Power of Attorney with Durable Provisions) which in most jurisdictions can also be a Healthcare Power of Attorney, empowering you by proxy to make healthcare decisions for your mother as well.
fredrikklaw
MUSTANG54:
You did not mention by whom you were told that "it is too late to draw up this document," but unless someone, somewhere, and at some time in the past had filed a petition for a Mental Capacity Hearing at which your mother was officially found by the court to be Non Compos Mentis (Mentally Incapacitated), then there is nothing stopping her from authorizing a power of attorney.
So, if what you were told or are being told about your mother being mentally incapacitated comes from any source other than a court of law and only after a proper hearing and an examination by a court-appointed committee made up of physicians, nurses, and social workers, then you will do well to ignore them all and proceed with drawing up the power of attorney. The nurses at the hospital are just doing what they are told and are covering the bases and cannot be blamed at all, but that is not to say that they can decide on their own who is and who is not mentally sound.
The document that you need to draw up for your mother to sign is called an Enduring Power of Attorney (or Power of Attorney with Durable Provisions) which in most jurisdictions can also be a Healthcare Power of Attorney, empowering you by proxy to make healthcare decisions for your mother as well.
fredrikklaw
- Status
Share this page
