QUESTION

what is better power of attorney or partical guardinship?

Asked on Jan 31st, 2013 on Guardianship and Conservatorship - Florida
More details to this question:
My soon to be x is trying to get full guardinship over me. she has partical now,Iwas in the service in vietnam and have ptsc,but she had me picked up and put in a mental hosp so she could clean out my disability pay and that is what she did. I want to appoint someone to have power of attorney over me will that take care of her partical guardinship over me? I'am living by myself and paying my bills on time and taking my meds and ordering my meds from va I'am doing really good best I have felt in years now that she is not around to order me what to do can you please let me know the answer to my question Thank You so very very much.
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1 ANSWER

Estate Planning Attorney serving DeLand, FL
4 Awards
If you have been declared incapacitated, and a guardian has been appointed, you will not be able to execute a Power of Attorney. You may have two choices, 1) argue you have regained capacity, and are no longer in need of a guardian, or 2) argue that the current guardian should be removed, and a professional guardian should be appointed. Astrid de Parry, P.A. (386) 736-1223
Answered on Feb 15th, 2013 at 3:21 PM

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