QUESTION
Does appointment of a guardianship override a power of attorney?
Asked on Aug 09th, 2013 on Estate Planning - Washington
11 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally YES.. However in a guardianship action the Attorney in Fact (person with the POA) actually has a preference for being the guardian so if the POA was brought up to the Probate Court that should have taken care of its self.
Answered on Aug 16th, 2013 at 10:16 PM
Generally yes. However, the Court's Order appointing the Guardian may address that question and should be reviewed. There are issues requiring analysis. Is the Guardianship limited to only care of the protected person or financial matters included?
Answered on Aug 16th, 2013 at 10:16 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes, for all non-financial matters. The agent under the POA might still have financial powers, if a conservator is not appointed, as well.
Answered on Aug 16th, 2013 at 10:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Generally, yes if it is a minor. If an adult is the ward, the guardian may have to take steps to terminate the power of attorney, depending on state law.
Answered on Aug 16th, 2013 at 10:16 PM
You need to look at the order of guardianship to know what powers the judge adjudicated to the Guardian. You also need to look at the POA to see what it states regarding appointment of conservator or guardian. Chances are that the POA is no longer valid. You are best to engage an attorney to review your situation including all facts and documentation.
Answered on Aug 16th, 2013 at 10:15 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Over who was a guardian appointed? To whom was the Power of attorney granted? What was the sequence dates of the documents?
Answered on Aug 16th, 2013 at 10:15 PM
Usually, yes. Some POA documents address the issue of incompetence and grant the attorney-in-fact the authority to continue to act.
Answered on Aug 16th, 2013 at 10:15 PM
Thomas Edward Gates
Yes, the guardian is acting in the shoes of the incapacitated individual.
Answered on Aug 16th, 2013 at 10:15 PM
3 Awards
It depends. Usually. But you should address the specifics wormy an attorney.
Answered on Aug 16th, 2013 at 10:15 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Maybe, if the guardian is given control over any financial assets. Guardianship in general (Oregon rule) is for care and protection of the person; conservatorship is for protection of assets. If the estate is small enough, a guardian may be given power over financial assets.
Answered on Aug 16th, 2013 at 10:15 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to read the court order. A guardianship is for managing the person's personal affairs; a conservatorship is for managing the person's financial matters. A conservatorship generally supercedes a power of attorney.
Answered on Aug 16th, 2013 at 10:15 PM