QUESTION

Will guardianship over my mother override the Power of Attorney her husband has?

Asked on Jun 11th, 2013 on Family Law - Kansas
More details to this question:
In short, my mother was in a rehab center 2 1/2 yrs ago and was being moved to long term care for dementia. Her "friend" (now husband) told her "if you marry me I will take you home". Hence , they allowed the marriage to take place in the nursing facility and he also had her sign power of attorney over to him. She is now in a nursing facility due to end stage alzheimers. I am applying for guardianship of her because he is threatening to take her out. This is against all professional's advice that we have dealt with. I have the physician's certification from her doctor and I am reaching out to another (as I need 2). If approved by the court, will this guardianship trump his power of attorney. He is not capable of caring for her, he removed her in April and 5 days later, I had to have her admitted back throught the ER, and then re-admitted to the nursing home. Also, he is refusing to give any of the 3 daughters her late husband's (their fathers) urn, and her personal belongings. Thank you so much for any information or insight you can provide and thank you for taking the time to read this. I am in a real dilemma, as soon as I receive the 2nd physician's certification I will be filing the guardianship papers with the Surrogates Office / Court. Thank you
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3 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Depending on when the guardianship is issued, you may have to take one more legal step to have the power of attorney terminated. But it should occur in front of the same judge that gave you the guardianship. Also, as guardian and conservator, you may want to investigate what the husband did with your mother's funds. It sounds like there has been a breach of fiduciary duty.
Answered on Jun 11th, 2013 at 9:25 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Generally a Court ordered guardianship will trump a power of attorney.
Answered on Jun 11th, 2013 at 9:24 PM

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Family Law Attorney serving Leavenworth, KS at Clothier Law
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More information is needed to give you an appropriate response. You should retain a local family law or elder law attorney to assist you with your case.
Answered on Jun 11th, 2013 at 9:24 PM

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