Do you need guardianship if you have power of attorney?
New to this page. Wow i'm glad i found it. It therapeutic for me to read and relate to the posting. It also aids in giving my situation some perspective.
A durable power of attorney obviates the need for guardianship. That said, in a growing number of cases nationwide, judges roll right over a durable power of (without holding a hearing to determine if the DPoA is valid) and appoint a guardian instead. So, it's important to read your state statutes and know your rights so you can protect them.
Take a look at Elder Care tab above and review some of their information. I've consulted Elder Law attornys in two states and my understanding is that the DPOA should stand without need for guardianship. Depends on what the DPOA says and if this gives you power over medical and financial. Also, ours was a "springing type" which means that power can't be granted/invoked unless physician writes a statement stating incompetency or incapable of managing affairs (medical and financial) and then that has to be attached to the springing DPOA. Its nearly impossible to get doctors/psychiatrist to do this (at least in my case).
If you don't have DPOA, then you may need to get guardianship and conservatorship and that needs to be done thru the courts (time consuming and can be expensive) - check with your elder law attorney. I'm told ONLY USE A REPUTABLE ELDER LAW ATTORNEY and get references.
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If you don't have DPOA, then you may need to get guardianship and conservatorship and that needs to be done thru the courts (time consuming and can be expensive) - check with your elder law attorney. I'm told ONLY USE A REPUTABLE ELDER LAW ATTORNEY and get references.
Hope this helps.
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