QUESTION

If my brother has poa over my father and he has been misusing funds for his personal use instead of caring for my father can I ask for guardianship of

Asked on Dec 06th, 2019 on Guardianship and Conservatorship - Arizona
More details to this question:
My brother has power of attorney of my father but he has taken my fathers money for himself and has neglected my father. Can I ask for guardianship of my father as my father has dementia and cannot make decisions for himself.
Report Abuse

1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Yes.  If your father lacks legal capacity to manage his finances, you can ask a court to appoint you as his guardian.  Guardianship trumps a power of attorney but is usually not awarded if there is an honest agent under a durable power of attorney.
Answered on Dec 07th, 2019 at 5:06 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters