Can my POA be reinstated, if the guardian of the estate is released of his duties? - AgingCare.com

Can my POA be reinstated, if the guardian of the estate is released of his duties?

Follow
Share

Can a guardian of the estate revoke a POA, and can it be reinstated ? My brother brought a law suit against my husband and I because my mother made a codicil to her will leaving me and my husband her house. my husband and I have looked after both my parents for 6 years now. my mother pasted away in 2015. she left the codicil to will. The will was probated and her house was deeded to us. My siblings didn't like it. so more than a year after the house was deeded to us, they filed the suit against us. I had DPOA for both parents. after filing the suit against us.....my brother had my daddy declared incompetent and a guardian was appointed to represent him. the suit was settled out of court. but now I have this guardian of the estate that my brother had appointed. I asumed it would end when we settled the suit. Now I find out only the court can release him of his duties. The court appointed me the guardian of the person. then last week, I get this letter telling me that my POA has been revoked. I didn't know a guardian had the power to revoke a legal document that my daddy signed in 2007 a long time before he was incompetent. I called the clerk of court office and asked if the guardian can be released after the settlement papers are signed and they said some times they can. I do not want to have to answer to the court for everything I try to do for my father. Any advice would be appreciated. Thank you

This question has been closed for answers. Ask a New Question.
4

Answers

Show:
At the time a "Guardian of the estate" (Conservator) is appointed, all previous POAs become void and cannot be returned to. Also, since Dad is now declared incompetent, he can't give anyone a POA from here forward. The "guardian of the estate" is a person you will have to get "his" money from. You will have to answer to that person about what the money is going for or needed for. He will answer to the courts to report that. He will "capture" all assets under his reporting, open a conservatorship account, pay the bills, and get your Dad what money he needs. You will indeed have to answer to someone for everything you do for your Dad or spend, but this can work just fine when you are making the decisions about his person which are reasonable.
Helpful Answer (0)
Report

Guardianship takes precedence over a POA
As Guardian you can do more than a POA but there is also a lot more paperwork that you have to do and you have to keep detailed records and receipts of all items and things that are provided.
There are 2 Guardianship's if there is money or property involved you are Guardian of the Person and of the Estate. Once there is no real assets you then become just Guardian of the Person. While you will no longer have to keep detailed monetary receipts you will have to file with the court every year a Status Report on the Ward.
Helpful Answer (2)
Report

If you got the letter revoking your POA from Court, then it is revoked by the court due to your father being declared incompetent probably based on a report by the guardian. Guardians usually trump (no pun intended) POAs. Again, when money is involved, siblings' rivalry can be very nasty and costly. I am sorry for the loss of your mother...
Helpful Answer (2)
Report

The guardian does not revoke a POA, the judge does. Take it up with the judge.
Helpful Answer (3)
Report

This question has been closed for answers. Ask a New Question.
Related
Questions