Find Senior Care (City or Zip)
Join Now Log In
V
viktor Asked November 2015

If I already retain POA, do I need to apply for guardianship?

Can a sibling file for guardianship, even though I retain complete power of attorney? Does a guardianship ride over power of attorney?

pamstegma Nov 2015
Guardianship is awarded by a court order, and can only be modified by a Judge. POA's can be revoked and rewritten by the person who granted them. There are often POA battles among children that end up in court and it can get really ugly and expensive. Ultimately the Judge appoints an independent third party that NOBODY likes.

Smoore Nov 2015
I have durable power of attorney for my mom my sister lives in Arizona and mom stays with her occasionally. I live in Florida and my sister wants power of attorney in Arizona what does that mean for me.

ADVERTISEMENT


Sunnygirl1 Nov 2015
I'd get legal advice, since the laws of states vary, but I would consider if the sibling has a case. He will need to prove incompetency. Is your POA Durable?

The court could appoint a guardian, but not chose the one who filed. The person who is appointed could be another family member who is willing and qualified or someone approved by the courts for such things. There are requirements to be appointed. Some require state residency and bonding.

Do you intend to intervene and ask for consideration? The court would likely want your input if you have been acting as the POA.

JessieBelle Nov 2015
Yes, a sibling can still apply for guardianship even if you hold POA. A guardian overrides the POA. Do you know why the sibling wants to be guardian even though POAs are already in place?

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter