I am a bit confused. I have been acting power of attorney for my parents but now reading the form it gets to the part of if a guardian is appointed they nominate my 2 sisters but my name is left off. I am confused. what does this actually mean? I have been caring for both of my parents on my own with no help from my siblings I feel hurt that I was left off of this part. Please anyone, help me out here.

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No uniformity, 50 states with 50 different laws relating to POA's and guardianships/conservatorships adds to the confusion, adds to the problems and to court costs and a long list of traps.

In IL, all POA's are considered durable. New forms were mandated July, 2011 that does include language as to who would be appointed guardian of property.

Octavia4701 has a valid point, she is able to act as POA yet her name was not included as a choice for guardian if the need arises. My hope is that will never be happen.

I strongly suggest avoiding probate court and if there is a hint of family conflict the court will appoint a stranger, a 3rd party to that position, the cost for this is significant. NO chance of ever having that reversed as long as there are assets for billing. When the assets are drained, the 'ward of the state' will be on public assistance, Medicaid.

Guardianship is designed to be a matter of last resort, when there is absolutely no other choice, because the proceedings themself strip the alleged incompetent person of all civil rights and liberties, leaving him/her exposed to abuse from the very person/entity court-appointed to protect.

Read the GAO's late 2010 report: "Guardianships: Cases of Financial Exploitation, Neglect and Abuse of Seniors" and then join the national movement for reform! Join NASGA:

Check out or Power of Attorney and Guardianship special section to find out everything you need to know regarding POA versus Guardianship.

Here are two articles that might help:

The Difference Between a POA, Durable POA and Living Will

How to Get Guardianship of an Elderly Parent

Hope this helps.

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