[general_re]

The whole point to these sorts of proceedings is to determine what people who can't speak for themselves would say if they could speak for themselves. Your next-of-kin and the guardian ad litem, if any, are presumed to be acting on your behalf - their counsel is your counsel. Now, if you want to change the nature of due process to require something else, be my guest, but I predict you'll encounter far more resistance than you think. People are simply not that interested in the state intruding any further into those sorts of decisions.

[AndrewC]

The whole point to these sorts of proceedings is to determine what people who can't speak for themselves would say if they could speak for themselves. Your next-of-kin and the guardian ad litem, if any, are presumed to be acting on your behalf - their counsel is your counsel. Now, if you want to change the nature of due process to require something else, be my guest, but I predict you'll encounter far more resistance than you think. People are simply not that interested in the state intruding any further into those sorts of decisions.

If that is true, it makes this part of Florida law have no effect.

Florida Statute. 744.3215 Rights of persons determined incapacitated.--

(1) A person who has been determined to be incapacitated retains the right:

...

(l) To counsel.

Because that person must have someone speaking for them in court by circumstance.

[af_vet_rr]

People are simply not that interested in the state intruding any further into those sorts of decisions.

You wouldn't know that from what politicians (from both parties) have been saying the past two days. As far as they are concerned, the federal government needs to be involved at every level. This could turn into a nightmare, especially if your a Conservative working to reduce the power of the federal government.

Regardless, hopefully this will force people to update their wills, and to make it very clear what they want in case something like this happens. I've made it clear, both in conversation and on paper, what I want, and I hope others do the same, before they have the federal government intervene.