Thread Options Tools
#2257012 - 07/21/21 03:28 PM POA and Guardianship
Linkpars Offline
100 Club
Joined: Jan 2007
Posts: 179
Kentucky
Does a POA trump a Guardianship?

Return to Top
General Discussion
#2257014 - 07/21/21 03:49 PM Re: POA and Guardianship Linkpars
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 77,246
Galveston, TX
A complex question like this that would be very fact dependent needs to be run by legal counsel.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2257018 - 07/21/21 05:35 PM Re: POA and Guardianship Linkpars
Linkpars Offline
100 Club
Joined: Jan 2007
Posts: 179
Kentucky
Ok, thank you so much

Return to Top
#2257101 - 07/23/21 01:48 PM Re: POA and Guardianship Linkpars
praBSA Offline
Gold Star
Joined: Aug 2018
Posts: 269
This is absolutely a question for legal counsel as it is a state law issue.

My inclination would be that the court ordered Guardianship would trump a customer executed POA if it was needed too. I'd be curious to see in what scenario the two are conflicting.

Return to Top
#2257331 - 07/28/21 07:48 PM Re: POA and Guardianship Linkpars
John_Burnett Offline
Junior Member
John_Burnett
Joined: Feb 2013
Posts: 32
Cape Cod
I also recommend using local counsel on this question. However, if a court declares the principal incompetent and appoints a guardian of the person, the guardian typically assumes the legal right of the principal to rescind the power of attorney. So, they can work together or the guardian can take over and void the power of attorney if necessary.

Return to Top