Elder gaurdianship

Can you fight? Yes. Can you win? Not enough information to say. Generally, as the child of an incapacitated adult, you would likely have some weight in your favor. Many times, however, the same Power of Attorney document (or a separate health care power of attorney, or even a Will) has nominations for a guardian by the person, to which the court will attach weight. Even absent such, the fact that your mother selected your daughter instead of you as Agent under her Power of Attorney will be evaluated. Absent guidance from the impaired person directly on the issue, the court is left to evaluate all of these factors, and all other relevant circumstances placed before the court as evidence to permit it to conclude what it considered in the best interest of the impaired person. The decision will not be based upon what is best for you or your daughter, but instead what is best for your mother. Advance planning can avoid these problems in families, however too often people wait until they reach the stage that you are at now to consider what could have been done to avoid the entire situation. LEGAL DISCLAIMER Atty. Coulter is licensed to practice law in Pensylvania with offices in Monroeville, PA and Wexford/Sewickly, PA. His phone number is 412-253-PLAN and his email address is [email protected]. This response is not legal advice and does not create an attorney/client relationship. This response is only a form of legal education. It is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make the reply unsuitable. Atty. Coulter strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from state to state. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

You really have not included enough information in your question. If the power of attorney is DURABLE, then it will survive your mother's incompetency, and there is no need for a guardianship. Your daughter would, in all likelihood, have the authority to transact business for your mother, and make other personal decisions for her. You should probably seek the guidance of an attorney who is experienced with elder law issues in your state. Good luck to you.