My mother has chosen the same individual as her medical POA and executor of her will. This individual does not have her best interests at heart and is distrusted by all of the family, including my mother. As her legal guardian, am I able to change these? I would not do it without my mother's consent & agreement but am wondering if as my mother's legal guardian, I am able to change these appointments to someone who does have my mother's best interests at heart.
3 Answers
Helpful Newest
First Oldest
First
If the court appointed you AFTER the medical POA was signed, your court appointment supersedes the POA. If she signed the POA after you were appointed Guardian, her signature may be invalid. As far as Executor, it should never be someone who is a beneficiary of the Will, because that creates Conflict of Interest. You cannot distribute the estate to yourself. Talk to the attorney who handled the guardianship proceedings. If you are simply calling yourself a "voluntary guardian" without the court order, you MUST see an attorney ASAP.
ADVERTISEMENT