POA v. FL statute 415

[rdooner]

What is the name of your state?

FL

I have durable POA for my step mother who has been remanded to state care after a fall that landed her in the hospital and hence, a rehabilitative stay. The problem is that due to the condition they found her in (she is an alcoholic and lives in a home that is quite nasty since she chooses to drink all day every day), the state has stepped in under Fl statute 415 and she will be given a competency trial in a few weeks.

While we do not agree with the way she lives her life, she made me POA so that I would insure she could finish out her days living in the manner she decides. What are my rights as POA (and health care surrogate) and can I override any court order that will declare her incompetent based on her lifestyle?

Thanks for any advice.

 

[Dandy Don]

Consult a family law attorney immediately.

 

[BlondiePB]

What is the name of your state?

FL

I have durable POA for my step mother who has been remanded to state care after a fall that landed her in the hospital and hence, a rehabilitative stay. The problem is that due to the condition they found her in (she is an alcoholic and lives in a home that is quite nasty since she chooses to drink all day every day), the state has stepped in under Fl statute 415 and she will be given a competency trial in a few weeks.

There is no FL statute 415. It is Chpt. 415, Adult Protective Services.

Originally Posted by rdooner
While we do not agree with the way she lives her life, she made me POA so that I would insure she could finish out her days living in the manner she decides.

At least someone thinks your step mom is a danger to herself and not competent to take care of herself. Kudos for whoever called APS to do an investigation.

At the court hearing, do tell the judge you and the rest of y'all WANT step mom to continue living as she does.

Originally Posted by rdooner
What are my rights as POA (and health care surrogate)

Right now, none. Step mom is under protection of the state.

can I override any court order that will declare her incompetent based on her lifestyle?

Nope. Your POA will be invalidated by that court order.

 

[BlondiePB]

Consult a family law attorney immediately.

Wrong type of attorney, DD.

 

[rdooner]

What kind of attorney, then?

Thanks!