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Guardianship
How can I obtain guardianship for my dad in New York from Florida?

How can I obtain guardianship for my dad in New York from Florida?

Q: Who makes medical decisions if you are incapacitated in Florida?

In Florida, if you are incapacitated and have not designated a power of attorney, medical decisions can be made by a court-appointed guardian. If you have a designated health care surrogate or advance directive, that person will make decisions based on your wishes.

Q: Who is designated to make decisions for a patient who lacks capacity?

If a patient lacks capacity, decisions can be made by a designated health care surrogate or a legally appointed guardian. If no surrogate is designated, the court may appoint a guardian to make decisions in the patient's best interest.

Q: Who makes medical decisions without power of attorney in Florida?

Without a power of attorney, medical decisions in Florida are typically made by a court-appointed guardian or a health care surrogate if one has been designated. If neither is available, medical providers may consult family members to make decisions.

Q: Who has the legal right to make medical decisions in Florida?

In Florida, the legal right to make medical decisions typically belongs to a designated health care surrogate or a court-appointed guardian. If you have neither, family members may be consulted, but the ultimate authority lies with the appointed guardian or surrogate.

Full question:

My dad lives in New York and I live in Florida. He is in the hospital and very sick with cancer. He is on life support equipment and unresponsive. However, according to the hospital he has already named me as the person who will make medical decisions for him. How can I get a Power of Attorney or guardianship over him when he can't sign anything and I am in a different state? I am worried that I will have to go through a lot of legal red tape in the state of New York, but I can't spend a lot of time there as I am only going to be there two days.

Category: Guardianship
Date: 04/07/2025
State: New York

Answer:

To create a power of attorney, the person must have the capacity to understand their actions. Since your dad is unresponsive, he likely lacks this capacity. In this case, you may need to establish a guardianship by petitioning the court in New York. This process can be complex, especially since you are in Florida and have limited time. It's advisable to consult an attorney who can guide you through the necessary steps and help with the legal requirements.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who can make decisions for me if I am unable?

If you are unable to make decisions for yourself, a designated power of attorney or a court-appointed guardian can make decisions on your behalf. The person you choose as your power of attorney must be competent and able to act in your best interest. If you have not designated anyone, the court may appoint a guardian to handle your affairs.