When a loved one suddenly loses the ability to make decisions, you may find yourself handling medical care, money matters and other urgent concerns while trying to process what happened. If they never gave you power of attorney (POA), you may also wonder whether you have any legal way to step in. Even before a crisis occurs, you may worry about what could happen if your loved one loses decision-making capacity without first naming someone to help.
Here is what you may face when incapacity occurs without a POA in Florida.
A family member may be unable to act
Being a spouse, adult child or other close relative does not automatically give you the authority to manage another adult’s affairs. Without a valid power of attorney, you may encounter barriers when you need to access accounts, pay obligations or deal with property for your loved one. You may have to seek authority through the courts before handling certain matters.
A guardianship proceeding may be required
If your loved one cannot manage their affairs and no suitable alternative exists, you may need to petition a Florida court for guardianship.
Florida law provides a process for determining whether someone lacks the ability to exercise certain rights. It includes an examination by a committee and representation by an attorney for the person whose capacity the court will review, followed by a hearing. The court also considers whether another option could meet the person’s needs.
A court may appoint a guardian
If the court determines that guardianship fits the circumstances, it can appoint a guardian and specify what that person may handle. The court does not necessarily take away every right. Instead, it identifies the rights your loved one cannot safely exercise and gives the guardian authority within those limits.
The process may take more time and cost more
Seeking guardianship can add court filings, hearings, attorney involvement and continuing oversight to an already difficult family situation. Those requirements can create additional expenses and delay your ability to address matters that need attention. Having an appropriate durable POA in place beforehand can avoid the need for this court-supervised route for matters covered by the POA.
Take steps before incapacity leaves the decision to the court
Without advance authority, you may have to rely on a court proceeding before you can handle important affairs for your loved one. If your loved one still has capacity, reviewing their estate-planning documents with an attorney can help you determine whether a durable POA suits their needs. If incapacity has already occurred, an attorney can explain which legal options remain available and what you can do next to protect your loved one’s interests.