QUESTION
Does my father need legal representation to fight guardianship procedures?
Asked on Feb 18th, 2013 on Elder Law - Florida
More details to this question:
Step-daughter wants him deemed incompacitated of which I believe him to be sound minded. She wants full control of his affairs. He just started living in an assisted living facility. She does have power of attorney.
1 ANSWER
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Yes. On the filing of a petition for determination of incapacity, the court must appoint an attorney for the person alleged to be incapacitated. F.S.744.331(2)(b). The alleged incapacitated person is presumed competent and can choose to have his own attorney in substitution, but the court has authority to require that an appointed attorney remain to monitor the proceedings.
If sister-in law has Power of Attorney then she in all likelihood has control of his financial "affairs" right now. She doesn't have control of his "person" however. Also, filing of a guardianship Petition will terminate the power of attorney, so sister in law's plan could backfire.
Answered on Feb 18th, 2013 at 4:07 PM