Power Of Attorney Options

Summary

Power of Attorney (POA) allows you to manage finances and schedules but not personal care or court representation. Guardianship provides broader authority, including healthcare and court matters. POA is quicker, requiring notarized forms, while guardianship involves court procedures and medical evaluations. For court dates, submit a mental health evaluation and a written statement detailing your sons issues and plea circumstances. Consider post-conviction relief for ineffective counsel.

Full Conversation

my *-year-old son struggles with a couple of mental health issues severely depressed extreme anxiety PTSD along with AUD. He's had a big handful of the top life stressors here recently back to back a surprise divorce criminal court case where he's being the Martyr because he don't want her to get in trouble even though he's the victim so what I'm needing is he wants to grant me power of attorney so I can help him keep up with his schedules and his applications and finances and things so would that be sufficient or do you think guardianship with be a better option and then the next question is what power of attorney or guardianship beside him or on his behalf at court t dates
Hi Janelle, considering your son's situation, you might want to explore both options to determine which best suits his needs:
- Power of Attorney (POA): Allows you to manage his finances, schedules, and applications but doesn't grant authority over his personal care or court representation.
- Guardianship: Provides broader authority over his personal and healthcare decisions, including court matters.
Would you like more details on obtaining either POA or guardianship in Florida?
Okay since he's willing and voluntarily doing this is guardianship as quick as a POA
Guardianship and Power of Attorney (POA) serve different purposes and have different processes.
- POA: Generally quicker, often just requires notarized forms.
- Guardianship: Involves court procedures, medical evaluations, and hearings, taking more time.
Would you like information on starting the POA process in Florida?
Absolutely please and thank you
Starting the POA process in Florida typically involves the following steps:
*. Choose the Type of POA: Financial, Medical, or General.
*. Complete the POA Form: Forms are available online or from an attorney.
*. Sign the POA Document: Must be signed in front of a notary public.
*. Distribute Copies: Provide copies to relevant parties (banks, doctors, etc.).
Would you like a link to a sample POA form or more details on the notarization process?
I greatly appreciate any and all help you can give me
Sure, Janelle! Here’s a concise guide to starting the POA process in Florida:
*. Choose the Type of POA: Financial, Medical, or General.
*. Complete the POA Form: Forms are available online or from an attorney.
*. Sign the POA Document: Must be signed in front of a notary public.
*. Distribute Copies: Provide copies to relevant parties (banks, doctors, etc.).
Would you like a link to a sample POA form or more details on the notarization process?
Yes please
Sure, Janelle! Here's a link to a sample Power of Attorney (POA) form for Florida:
[Sample Florida POA Form](https://www.floridabar.org/wp-content/uploads/*/*/POA-Sample-Form.pdf)
Do you need more details on the notarization process or anything else?
Yes one more thing please he's got an upcoming court date for vop however I want to make the courts aware that this is a great and justice because he suffers with mental health issues for one he was drunk the day he signed play agreement his public defender never asked him his side of the story never asked or got to know him as far as his mental health issues his public defender just pretty much wanted it off his desk so now my son's labeled a domestic strangulation person and that's not their for his life to be affected at this point that being said I've done a lot of research for over a year now and I'm under the powers how do I go about getting a professional statement to the judge regarding the real truth
You can submit a professional statement to the judge by following these steps:
*. Obtain a Mental Health Evaluation: Get a licensed mental health professional to evaluate your son and provide a report.
*. Write a Statement: Detail your son's mental health issues, circumstances of the plea, and any neglect by his public defender. Include the professional's evaluation.
*. Submit the Statement: File the statement with the court and ensure copies are provided to the judge and the prosecutor.
Would you like more information on how to obtain a mental health evaluation?
Yes please
To obtain a mental health evaluation for your son's upcoming court date, follow these steps:
*. Find a Licensed Mental Health Professional: Contact a psychologist or psychiatrist.
*. Schedule an Appointment: Explain the urgency and the need for a comprehensive evaluation.
*. Request a Written Report: Ensure the professional details your son's mental health issues and how they may have impacted his legal situation.
Would you like guidance on finding a licensed mental health professional in Jacksonville, Florida?
Yes please
You can find licensed mental health professionals in Jacksonville, Florida through the following resources:

Jacksonville Behavioral Health Professionals


Phone: (*) *-*
Website: www.jacksonvillebhealth.com

Would you like more details on how to present the mental health evaluation in court?
Absolutely
To present the mental health evaluation in court, follow these steps:
*. Prepare the Documents: Compile the mental health evaluation and your written statement.
*. File with the Court: Submit the documents to the court clerk.
*. Notify Relevant Parties: Ensure copies are provided to the judge, prosecutor, and your son's public defender.
*. Attend the Hearing: Be prepared to discuss the evaluation and its implications during the court hearing.
Would you like more information on how to file these documents with the court?
I would greatly appreciate it
To file the documents with the court for your son's case, follow these steps:
*. Prepare the Documents: Ensure the mental health evaluation and your written statement are in order.
*. Visit the Court Clerk's Office: Go to the courthouse where your son's case is being heard.
*. File the Documents: Submit the documents to the court clerk. They will provide you with a stamped copy for your records.
*. Serve Copies: Ensure copies are delivered to the judge, prosecutor, and your son's public defender.
Would you like guidance on finding the specific courthouse in Jacksonville?
He's actually dealing with the neighboring county St Johns county
To file the documents with the court in St. Johns County, follow these steps:
*. Prepare the Documents: Ensure the mental health evaluation and your written statement are ready.
*. Visit the Court Clerk's Office: Head to the courthouse handling your son's case.
*. File the Documents: Submit them to the court clerk and get a stamped copy.
*. Serve Copies: Provide copies to the judge, prosecutor, and public defender.
Would you like more guidance on finding the specific courthouse in St. Johns County?
Please and thank you
To find the specific courthouse in St. Johns County, you can visit or contact:

St. Johns County Courthouse


Phone: (*) *-*
Website: www.sjcfl.us
Would you like more details on how to serve copies to relevant parties?
Absolutely please
To serve copies of the documents to relevant parties in St. Johns County, follow these steps:
*. Prepare Copies: Make several copies of the mental health evaluation and your written statement.
*. Serve the Judge: Submit a copy to the judge's chambers.
*. Serve the Prosecutor: Hand-deliver or mail a copy to the prosecutor's office.
*. Serve the Public Defender: Provide a copy to your son's public defender.
Would you like more information on how to properly format these documents?
You're wonderful yes please
To properly format the documents for submission, follow these tips:
*. Title Page: Include the case name, case number, and the title of the document (e.g., "Mental Health Evaluation and Statement").
*. Headers/Footers: Include page numbers and case details.
*. Structure:
- Introduction: Brief overview of the document's purpose.
- Mental Health Evaluation: Attach the professional's report.
- Statement: Clearly outline your son's mental health issues, plea circumstances, and any oversight by the public defender.
*. Signatures: Ensure all relevant parties sign the documents.
Would you like a sample format or template for these documents?
I wish you could feel the relief you've given me just now thank you very much is there any other angles I'm not thinking of that you might could help me with at this time
I'm glad I could help, Janelle. One additional angle you could consider is seeking a post-conviction relief or filing a motion to withdraw the plea based on ineffective assistance of counsel and your son's mental health condition. This might require legal representation.
Would you like more information on how to pursue post-conviction relief?
I wish I could hug you please please and thank you
I'm happy to help, Janelle. Here's some information on pursuing post-conviction relief in Florida:
*. Post-Conviction Relief: File a motion under Florida Rule of Criminal Procedure *.*.
*. Motion to Withdraw Plea: Argue ineffective counsel and mental health issues.
*. Legal Representation: Consider hiring an attorney specializing in post-conviction cases.
Would you like more details on finding a post-conviction attorney in your area?
That would be greatly appreciated
To find a post-conviction attorney in your area, you can start with:

Florida Association of Criminal Defense Lawyers (FACDL)


Phone: (*) *-*
Website: [www.facdl.org](https://www.facdl.org/)
Would you like more advice on what to look for in a post-conviction attorney?
Absolutely thank you
When looking for a post-conviction attorney, consider the following:
*. Experience: Ensure they have handled post-conviction relief cases, particularly involving mental health issues.
*. Reputation: Check reviews or ask for references from previous clients.
*. Communication: They should be responsive and willing to explain the process clearly.
*. Fees: Understand their fee structure and any potential additional costs.
Would you like tips on preparing for an initial consultation with a post-conviction attorney?
I think I can handle it from here you're absolutely amazing I lifesaver thank you very much
You're very welcome, Janelle. I'm glad I could assist you. If you need any more guidance in the future, feel free to reach out. Best of luck with everything!