QUESTION

How do I get an elderly parent declared incompetent without his doctor's involvement?

Asked on Oct 24th, 2018 on Family Law - Florida
More details to this question:
I am an only child and the POA for my father. He is remarried and has a prenuptial. Several years ago he had some strokes that left him with some processing difficulties but not terribly bad. His current doctor is hesitant to declare my father incompetent, even though at 92 years old my father sold a large amount of his investments to allow him to buy a large boat he is unable to operate by himself. He tried to hide this from me but I found out about it before the boat was delivered. I didn't try to stop the purchase because I knew it would destroy our relationship. He is prone to falling, is in and out of the hospital every few weeks it seems due to falling and bleeding a lot, respiratory issues, etc. If his doctor will not declare him, can I take another route to help protect my father from himself? Our entire group of friends and family will support my taking away his driving and boating to protect others on the roads and waterways.
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1 ANSWER

There is a formal process under Florida statute for Guardianship.  The doctor does not delcare someone legally incompetent on his own - the Court does thorugh an examining committee.  Please call an eldr layers or call me, if you are in Polk County. 
Answered on Oct 25th, 2018 at 7:15 AM

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