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katieb Asked March 2014

My Mom lost POA rights for my grandma and now she's seeking guardianship. Can she get it?

My mom who had POA against my grandma has abused her in the past and it has been court documented, She even had a protection order on her, now a year later my mom has been getting into contact with my grandma and has been wanting to come see her and she has been threating to get POA and Guardian ship on my grandma,, who wants No Part of that. Is it possible for someone who cannot physically take care of themselves to have guardian ship and POA who is better off mentally and physically then the person trying to get POA and guardian ship?

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J
James55 Mar 2014
The answer in NO. But only if someone objects and advises the court of all the facts. You or someone responsible should apply for Guardianship while there is time to do so.
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jeannegibbs Mar 2014
Your mom cannot "get" POA for her mom. That has to be given freely by grandma, as vstefans says.

Your mom cannot get guardianship of her mother without going through the court system. From what you've said, it seems unlikely that will fly.

Keep your ears open. If Mom actually does find a lawyer who will help her attempt to gain guardianship, you can step in and have your say.

I am so sorry you are caught in such a dysfunctional situation.
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vstefans Mar 2014
This makes no sense, and this is why guardianship goes through a court proceeding and can be contested. The person is notified and if they can take the steps to contest it their point of view will be heard, as well as anyone else who would do so. She can't get POA unless Grandma beign of sound mind gives it. She is probably just blustering threats that she knows can't be followed through, but if you can "lawyer up" to be sure it would be great.
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