Full question:
My MOM is 88 yrs old and while at a skilled nursing facility for rehab for a broken shoulder. She was deemed incompetent and I signed a document that allows me her daughter to make health decisions on her behalf. We live in the state of Florida. How does this effect her other children if they are all talk and no action, meaning they want a say but are not willing to put in the time and effort.
- Category: Power of Attorney
- Date:
- State: Florida
Answer:
The impact on your mother's other children depends on the specific document you signed. Generally, if you signed a power of attorney, you were designated as her agent to make health decisions on her behalf. The principal (your mother) must have had the mental capacity to sign this document. If she was deemed incompetent at that time, the power of attorney may not be valid.
As the agent, you have a fiduciary duty to act in your mother's best interest and follow her wishes. If her other children were not given authority through a power of attorney, they do not have the legal right to make decisions for her. However, they may still express their opinions or concerns to you as the agent.
If your mother did not have a power of attorney and became incapacitated, a guardianship might be necessary to manage her welfare and financial affairs. Guardianships can be established over a person, their estate, or both.
In summary, only the person designated as the agent in a valid power of attorney can make decisions on behalf of the principal. Other family members, unless given authority, do not have the same rights.
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.