The Court appointed this person as guardian. Now this person is dead. Much depends on what your paperwork says. Did the Court appoint a person as the "second", that is to say the person who takes over if the guardian is unable to function? If not, then the Court must decide who will function in this capacity. For there to BE a court appointed guardian means that at some point there either WAS no family, or family did not wish to serve, or family was deemed incompetent to fulfill the guardianship, or family was at war and could not agree on who would serve, so the court stepped in and chose an "uninterested party" to serve. So that will still be the case, unless something has changed. I would take this to your lawyer. A question we may be unable here to answer with perfect accuracy.
No, she is not POA. If a lawyer has made up paperwork, he/she was wrong to do it. The "interdict" person (another word I have never heard used) has to assign the daughter to be POA. Like I said in my previous post, if he is incompetent, no POA can be assigned. I doubt if LA is any different then any other state. He is now without a guardian, in my opinion. If daughter wants to oversee him, she needs guardianship.
You may want to run this info by a lawyer or legal aid. Come back and tell us how it works out. We learn from others.
Never heard the word Curatrix before. Are you from the States?
If court appointed, then no an heir cannot take over. He/she would have to petition the Court, thru a lawyer, to gain guardianship. POA is not transferable. The adult children would have had to assign the person to be their representative if competent. If incompetent to assign, then guardianship has to be gotten and its expensive.
If guardianship was granted when the children were minors, at 18 they are considered emancipate and the guardianship is null and void. If the children have some disability where they can't make decisions for themselves, guardianship has to be petitioned for again. This happens to parents of severely challenged children when they turn 18. They are emancipated until proven other wise.
Neenja, can you tell me what a curatrix is? And what does " interdicted children" mean? Forbidden children?
You might want to ask this question on a legal forum. It sounds like it might be a more appropriate question for people with legal background.
I know in the case of a power of attorney document, if the elected power of attorney dies the job does NOT automatically pass to his or her heir. I imagine whatever a curatrix is, the succession is also not inherited.
Curatrix is a court appointed female curator/guardian. The daughter of curatrix (which can only be removed by courts), states she’s the interdicts POA (to which the interdict has been deemed incapable of handling his own affairs, unable to sign name thus any type of agreement).
Much depends on what your paperwork says. Did the Court appoint a person as the "second", that is to say the person who takes over if the guardian is unable to function?
If not, then the Court must decide who will function in this capacity. For there to BE a court appointed guardian means that at some point there either WAS no family, or family did not wish to serve, or family was deemed incompetent to fulfill the guardianship, or family was at war and could not agree on who would serve, so the court stepped in and chose an "uninterested party" to serve. So that will still be the case, unless something has changed.
I would take this to your lawyer. A question we may be unable here to answer with perfect accuracy.
You may want to run this info by a lawyer or legal aid. Come back and tell us how it works out. We learn from others.
If court appointed, then no an heir cannot take over. He/she would have to petition the Court, thru a lawyer, to gain guardianship. POA is not transferable. The adult children would have had to assign the person to be their representative if competent. If incompetent to assign, then guardianship has to be gotten and its expensive.
If guardianship was granted when the children were minors, at 18 they are considered emancipate and the guardianship is null and void. If the children have some disability where they can't make decisions for themselves, guardianship has to be petitioned for again. This happens to parents of severely challenged children when they turn 18. They are emancipated until proven other wise.
Yes I live in the US (Louisiana)
the interdicted is an adult
You might want to ask this question on a legal forum. It sounds like it might be a more appropriate question for people with legal background.
I know in the case of a power of attorney document, if the elected power of attorney dies the job does NOT automatically pass to his or her heir. I imagine whatever a curatrix is, the succession is also not inherited.
(which can only be removed by courts), states she’s the interdicts POA (to which the interdict has been deemed incapable of handling his own affairs, unable to sign name thus any type of agreement).