Full question:
My ex husband lives in Fl. and I live in MA. He is in the hospital in Fl. and is not able to handle his affairs. I need a POA so I can help him get info re veterans benefits. His son lives in Wyo and his daughter in AZ. Should I have him sign a general POA for me to get info re his veterans benefits and two separate Durable POAs for his children or can I put both of their names on one Durable POA? He has a neighbor who can get him to sign these forms.
- Category: Power of Attorney
- Date:
- State: Massachusetts
Answer:
A durable power of attorney (POA) allows a person (the principal) to designate someone else (the attorney in fact) to handle their affairs, even if they become incapacitated. In Florida, a durable POA must be in writing, executed with the same formalities as a real property conveyance, and include specific language stating it remains effective despite the principal's incapacity (Fla. Stat. § 709.08).
For your situation, your ex-husband can sign a general durable POA granting you the authority to manage his veterans benefits. It is also possible to include both of his children's names on one durable POA, allowing you and his children to act together. However, if you choose to create separate durable POAs for each child, that is also acceptable.
His neighbor can assist in getting these forms signed, but ensure that the POA is executed properly to avoid any issues later on. Remember, if your ex-husband is already legally incompetent, you would need to petition the court to be appointed as a guardian or conservator.
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.