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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33761
Experience:  Attorney with 15 years experience
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Florida Power of Attorney MedicalMy mom is currently in

Customer Question

Florida Power of Attorney MedicalMy mom is currently in the hospital in an incapacitated state. The hospital wants to discharge her and send her to another hospital/rehab facility for swelling of the brain. Her boyfriend of whom has POA doesn't want her to go to the hospital/rehab facility but rather just go home. What options do myself and my sister have to override his medical decision ?
Submitted: 7 months ago.
Category: Family Law
Expert:  Barrister replied 7 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.. What options do myself and my sister have to override his medical decision ?.The only way you could override his decision is if you filed a guardianship petition in the local court and were appointed mother's legal guardian so you could revoke the POA. A medical POA is given by the grantor to the recipient specifically because they trust that person to make medical decisions on their behalf if they are unable to do so..So it takes a pretty strong effort to override one because the grantor has made that decision while they were legally competent and presumably in complete control of their faculties..The problem here is that it would likely take a few weeks before a guardianship petition could make it to court if an attorney was pushing hard for it. ..thanksBarrister
Customer: replied 7 months ago.
Can the baker act override the POA ?
Expert:  Barrister replied 7 months ago.
The Baker Act applies to provide individuals with emergency services for mental health evaluations and treatment so if the POA holder was mentally unstable so as to be a threat to himself or others, then he could potentially be taken into involuntary custody for evaluation..But if mother is incapacitated, she is not mentally unstable so the Baker Act wouldn't apply to her...thanksBarrister

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