QUESTION
How do we discover who my fiancé's Dad's lawyer is if Dad is incapacitated? What does fiancé need to do to be able to be dad's guardian?
Asked on Jul 08th, 2020 on Guardianship and Conservatorship - Florida
More details to this question:
My fiancé's parents live in Florida. Dad had an unexpected medical emergency this week and is now incapacitated, recovering from brain surgery. He mentioned recently writing a new will with a lawyer and "leaving everything" to fiancé. Mom (mom and dad are married) has expressed that she is unwilling and unable to care for dad in recovery, and is belligerent and indifferent. Dad and mom have not been a couple for years, but they were living together and he was taking care of her financially. She is oblivious to the upcoming bills, and in poor physical and mental health, (hoarded house). We can't find dad's will, but need to see if fiancé has been named as guardian in case of incapacitation. We need to make sure mom's bills get paid. We need to make sure that dad doesn't go back to the dangerous hoarded house while he recovers. How do we find dad's lawyer and will? How can fiancé become dad's guardian?
1 ANSWER
2 Awards
A Will does not name a guardian in case of later incapacity and has no legal effect until the person making it has died and a court admits the Will to probate (proving). Advise your fiance to report the unsafe environment to APS and to the discharge worker at the hospital, which is not allowed to make a discharge to an unsafe environment. He should then hire a guardianship lawyer to apply for guardianship. While a spouse is given priority, the APS investigation and her own declarations that she is unable and unwilling to provide care should open the door for your finace to serve. You might find a lawyer near you who is able to advise on applying for and managing the guardianship and accessing government benefits to pay for care on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Answered on Jul 09th, 2020 at 5:10 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.