Can an Incompetent Person in Florida Amend Their Power of Attorney?

What do Florida probate lawyers need to know about drafting  power of attorneys? Do you understand the difference between a durable power of attorney and a standard POA in Florida? Estate lawyers in Florida may want to read up one the recent POA drama surrounding Sumner Redstone and his $70 million dollar inheritance.

What do Florida Probate Attorneys Know About POAs?

• Do you understand what a power of attorney does in Florida?
• What is the difference between a Florida power of attorney and guardianship?
• Florida estate lawyers know that a power of attorney is a voluntary contract and guardianship requires Court proceedings, often against the person’s will.
• Can the elderly sign a power of attorney if they are already incompetent?
• Florida probate attorneys know there are significant issues with signing a power of attorney when you lack the capacity to do so.
• So how do probate attorneys Florida determine whether or not someone has capacity?
• It may be a prudent decision to address a power of attorney before that becomes an issue.
• Do you understand the different between a durable power of attorney and a standard power of attorney?
• Estate attorneys Florida will tell you, a durable power of attorney can survive incompetency.
• What else do probate lawyers in Florida need to know about a power of attorney?

Can an Incompetent Person Amend Their POA?

• This question may be at issue as some trust and estate litigation surrounds media mogul Sumner Redstone.
• The man recently took his former girlfriend off his health care directive, a form of power of attorney.
• The part she is probably more upset about is he disinherited her and is leaving his $70 million dollar estate to charity!
• Now the woman claims he lacks the capacity to do so.
• How do you think it all ends up?
• Only time will tell.

Want to learn more?

Check out a recent New York Times article on this drama by clicking here.

• Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
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