QUESTION

If one family member has durable power of attorney over a parent, can another family member have the parent deemed?

Asked on Mar 07th, 2016 on Estate Planning - Missouri
More details to this question:
Incompetent and gain guardianship and it override power of attorney?
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1 ANSWER

In Missouri, if a probate court deems an individual incompetent and appoints a guardian and conservator (guardian is control over the individual, conservator is control over the assets) then the probate court sets aside the durable power of attorney. Any member of the family can petition the probate court for the appointment of a guardian and conservator.
Answered on Apr 07th, 2016 at 9:45 AM

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