QUESTION
Can I rid myself of a court ordered guardianship and just go back to power of attorney? What steps do I need to take?
Asked on Jan 21st, 2012 on Elder Law - New York
More details to this question:
A year ago I was appointed guardian for my mother. It''s been a major hassle. Even though I have guardianship, I still have trouble acting on behalf of my mother. For example, the bank where I have a guardianship account refused to allow me to deposit my mother''s checks! I also have to pay $950 for a bond every year. When I want to pay for certain things, like hiring someone to do my mother''s taxes, I have to ask the court''s permission. I have this guardianhip through Nassau County Court in NY.
1 ANSWER
You would need to apply to the Court to end the guardianship. Does your mother have the capacity to understand and agree to a power of attorney? The court may be reluctant, because a POA is revocable and the court does not monitor an agent under a POA. By the cost of your bond, there must be a substantial estate. The bond protects your mother and other beneficiaries. You could also try to have the guardianship order modified to allow for regularly recurring professional expenses such an an accountant for the taxes. And you could talk to the clerk of the court about finding a more cooperative bank.
Answered on Jan 22nd, 2012 at 12:33 PM