Seeking Guardianship over elder parents. Can it be done despite a POA?

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I have a sister who is challenging my POA that I have for my elder parents. She has tried twice to get into my parents bank account without even discussing it with me first. My parents are both approaching dementia and hardly remember what people say or have said from day to day. My concern is what she will try to do next.
Can she go to the court to seek guardianship over my parents if she gets a doctor's note stating they are incompetent, despite me being the one with the POA? Could she challenge my POA? What is the process and what can I do to stop this from potentially happening?

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Thank you for your prompt reply. It was extremely helpful and has put my mind at ease. I definitely have the proof of good care (over 20 years) that I have provide as a daughter and as a POA, so I will be sure to compile it in a datebook. Great advice!
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Geez - nothing like family! Well any interested party can spend the $$ to try to get guardianship. Now whether or not the judge will grant guardianship to your Sister is a whole other issue.

Now I'm going to assume that Sissy's intentions are more about Sissy than mom or dad's well being and my comments reflect that……So I bet Sissy is still peeved about things that made mom & dad realize you were the better to be responsible. that likely isn't going away so you need to do whatever to ensure that the things you have done for them look like all has been done for their best interest. That you have taken your responsibility as POA seriously as the judge will ask just why does a guardianship need to be done, what compelling situation is happening that the valid POA cannot take care of….So you need to do whatever to show what a good POA you have been & there is no need for guardianship. Just because someone is incompetent doesn't mean they need a guardian either. Please make sure you have copies of all their bank statements for the past year; try to do a datebook with all the doctor, dentist and other medical visits you have accompanied them to; find pictures of things you have done with your parents in the past couple of years; if you take them out shopping, to church, etc be sure to take happy pictures of them at the outing. If they have credit cards or other monthly payments that you do for them, then a ledger of all that. I'd go and take pictures of their house (& yes you do want to take a day and go & spruce it up so that it looks especially tidy & clean) so that you can show they live appropriately. You just want to have a timeline of items to show that you are being a good responsible POA, your parents are well looked after with just a POA.

About the banking issue, unless you have a letter or other definite item from the bank that she tried to withdraw funds (like a check they refused to cash and sent to your parents), that is speculation and just digresses into she said/she said nonsense. So you kinda have to ignore that. But you do want to make sure that if she tries to write a check on the account or do a withdrawal that the account is red-flagged and that the teller asks for her ID & makes a copy of it when she tries to do this. Now this you can use in court against her. Understand?

You know people blab all the time that they are gonna sue or gonna get guardianship. But guardianship is a pretty tedious & expensive process. I've been executrix twice and probate court is also where guardianships are heard. I'd say it runs the applicant from 5K - 20K to apply. Sissy has to pay for all that herself too as you need an attorney. The probate judges are pretty savvy & have heard just about all. The court usually does a background check on the applicant. So if Sissy has any credit issues, a foreclosure, any type of record or if anyone in her family does (kids have juvee records) then they are toast on being appointed. If you know of something nasty in Sissy's past and can get the paperwork on it, you want to have that just in case. Like you know she had a DWI or her son is on a drug rehab program…..all reasons for the judge not to appoint her as her home is not ideal. They have to have their own source of legit income with a work history if at working age. Also the judge does NOT have to even appoint family. If there is any infighting, the judge seems to do a temporary guardianship by appointing an attorney or person who is on the county list of vetted guardians. It gives family time to cool down. The guardian is paid out of your parents funds too. Can easily drain your parents savings if small.

If she does file for it, she has to put down your name & address and also that of other siblings. You as the DPOA have to be contracted about her filing. If she doesn't, and you let the court know, that will probably make her toast on getting guardianship especially when you have all your documents & happy family & housing photos to show the court. You'll be ok.
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