POA vs Guardian?

Dear wheelsturning,

I am so sorry to hear what you are going through. This is the definition I found. I hope an elder law attorney can be more assistance.

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.Aug 28, 2014

When it comes to adults, it's not granting custody - you are appointed as guardian over the person and conservator (or guardian) over the person's estate. And yes, a court makes that determination. If a guardianship was filed, were you ever served, because generally all interested parties (generally immediate family members) are notified? What about the guardian ad litem for your mother? Unless it's a true emergency, it just doesn't happen like this. Since the word temporary is used, if she really filed for guardianship, you should be notified and allowed to participate.

I'm not sure if you are asking a question or just venting. One question I have after reading your post is, "Have you asked to see the alleged temporary custody order?" Did this actually happen (and you can call the court and ask, or look up the docket online if the jurisdiction is online) or is your sister just bluffing for whatever purpose suits her needs?

If she did actually get a temporary guardianship, the good news is that the court generally approves the living situation or any changes in the situation. The money must be accounted for if a financial guardianship was also granted, and in many cases, the court must approve certain transactions or expenditures.

I'm sorry you are dealing with this situation.

You received a text from "her" - who is "her"? Your sister? - informing you that she has been granted guardianship.

First guess - She made an emergency application for guardianship because there are decisions to be made and actions taken on your mother's behalf and nobody has Power of Attorney? Or you did and "She" wasn't happy about how you were using it? In any case, the application was made and granted - would you prefer not to have been informed?

Anyway. "She" hasn't said you can't go right ahead with your two week shift as mother's primary caregiver, has she? So I should carry on until you get further instructions. Better yet, call "her" and ask what the plan is going forward.

Emergency guardianship generally means that there is an emergency with the person's health. I'd call sis and ask what's happened.

Is shuttling a cancer patient back and forth between your homes in mom's best interest? Try to think about your mom's needs in this situation. Can you work with sis on visiting?

I am asking a question and venting.mom is sick but far from incompetent. So I feel like she talked to het attorney and moms. They told her how to file. She took it that it was a temporary guardianship. I read moms POA and it says that sh wishes for no guardianship proceedings or property be instituted in the event of my disability, it being my intentions that my POA permit my attorney-in-fact to act in my behalf.
Nothing had happened for her to act on this, accept that i asked to borrow moms car until i get parts on mine. My sister feels she has to control everything.
I have not been served although she said I would be. I checked records and nothing is showing to be filed.
So i guess, im comfused,
1st: why would it even matter
2nd what changes?
Does it mean she cam tell me what to do and how to care for mom, because that’s what shI said. “Now i need all the details about mom staying with you.”
Mom really wants to go home for a few days and I was going to make sure it happened. A person always feels better at home.
Side note, my husband and I were joint POA for my father in law for 10 years. We never threatened or even thought about anything like this. Certainly did not control where he spent money or have him declared incompetent. Whats the point. We just loved him amd provided a safe environment.
So I guess my question would be, can i be her guardian or if she is granted it, does she control mom and me...

As to you being a guardian, you can certainly apply to be guardian, or, if your sister has already started a proceeding, ask the court to consider appointing you guardian.

A question back to you - you mentioned the POA containing a provision for guardianship. Does it nominate a guardian if a guardianship cannot be avoided by use of the POA? A court will consider that nomination in POA. And who is actually the POA for your mother at this time? The POA should be admitted to the court as an exhibit. I've certainly seen court cases be dismissed because there was a POA in place and there was no reason for a guardianship. I do admit, where I've seen those cases is a feuding family situation, and not when there's an issue that has escalated to the point a guardianship was needed.

If a guardian is appointed, they would have certain obligations as to making sure your mother is cared for appropriately and the court would impose reporting requirements and changes that require a court order. Same thing if a guardian over her estate is appointed at the same time - the court provides the guidelines as to how money should be used and what transactions require court approval. Sometimes courts require approval to change the living situation, etc., too.

As to control - no one is appointed to control you. But a guardian, if it's not you, does have certain obligations to meet, and that could come down to requirements upon whomever is doing the physical caregiving. It would come down to what the court recommends (if a guardianship is found to be the best for that situation) and what the Guardian has been ordered to do to ensure the health and safety of the family member.

Well, not sure what state you are from, but, in Florida, when petitioning for guardianship, supposed to advise all beneficiaries / immediate family members. Spouse. Children. Etc. So...if he/she neglected to do so...may want yo contact county clerk of court, pull up case on clerk of court website, advise you want to be part of case, that way, you will receive all documents, be able to know when court hearings are scheduled. Etc. And hopefully attend

Ask for co-guardianship, why not?

Take poa with you to next court hearing. But, I would also suggest that you get physician statement regarding his or her level of so called oncompetency, date of onset incompetency, etc. Also, be aware that there are at least two types of POA, so thats something else for you to research

mpieffer01, this post is 4 months old. The OP hasn't been back since then.