Posted By: Linkpars
POA and Guardianship - 07/21/21 03:28 PM
Does a POA trump a Guardianship?
Posted By: rlcarey
Re: POA and Guardianship - 07/21/21 03:49 PM
A complex question like this that would be very fact dependent needs to be run by legal counsel.
Posted By: praBSA
Re: POA and Guardianship - 07/23/21 01:48 PM
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.
Posted By: John_Burnett
Re: POA and Guardianship - 07/28/21 07:48 PM
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.