My sister has Durable POA and Durable Health Care directive over our parents, another sister has petitioned for Guardianship. What are my sister's rights?

Asked by

She has the POA and has been helping with their health care issues?

Answers 1 to 4 of 4
As I understand it, now that the issue of guardianship has been brought before the courts, they will decide what is in the best interests of your parents. That may be to leave matters as they stand now, or to appoint the sister who is petitioning as Guardian, or even to appoint an outsider as Guardian. I believe (but I am not well acquainted with the process) that all parties have the right to have their view of the situation heard, and that others, such as doctors, will be asked for their input.

The main "rights" to be protected here are the rights of the vulnerable adults (your parents) to have safe care that meets their best interests.

I know that there are people here who have been through guardianship petitions, and I hope they will share their first-hand experience.

What specific questions do you have about POA Sister's rights?
I will be happy to share my findings with you, as my husband and I go to see an attorney tomorrow regarding the differences between POA and Guardianship. One issue that is here in Ohio, is the fact she has money in the bank and we have to put up a bond that is equal to 10% of her accounts/worth. I have been told that the courts will review all parties and decide who has the best interest of the party? If the current POA has had no issues, the courts will probably decide in her favor, in my opinion. Anyway, I will ask your question to this attorney tomorrow and give you the response.
Top Answer
I just became my mom's guardian, the guardianship made all prior powers of attorney null and void
Nice to know. We meet with an attorney at 3pm. I am full of questions...

Share your answer

Please enter your Answer

Ask a Question

Reach thousands of elder care experts and family caregivers
Get answers in 10 minutes or less
Receive personalized caregiving advice and support