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

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#2257014 - 07/21/21 03:49 PM Re: POA and Guardianship Linkpars
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,227
Galveston, TX
A complex question like this that would be very fact dependent needs to be run by legal counsel.
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#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

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#2257101 - 07/23/21 01:48 PM Re: POA and Guardianship Linkpars
praBSA Offline
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Joined: Aug 2018
Posts: 348
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.

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#2257331 - 07/28/21 07:48 PM Re: POA and Guardianship Linkpars
John_Burnett Offline
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John_Burnett
Joined: Feb 2013
Posts: 283
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.
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