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Can a Durable Power of Attorney over power a Temporary Guardianship?!
Anonymous4 views2 answers
Can a Durable Power of Attorney over power a Temporary Guardianship...keeping in mind that the judge involved in this case wasn't aware in the 1st place and was possibly lied to by my family members who got a Guardianship over my dad that I'm a caregiver for and had my dad removed from my home along with his estate! CAN THIS BE OVERTURNED???? PLEASE HELP!!!!
You need an elder law attorney as soon as possible. The language of the POA and the language of the guardianship order need to be reviewed closely before anyone can give you a definitive answer.
A power of attorney is suspended during a guardianship proceeding. However, the courts are supposed to look for less restrictive alternatives and a POA, health care powers, living wills and trusts are less restrictive alternatives. Please consult a guardianship attorney so that he or she can present you father's estate planning documents to the court as less restrictive alternatives. I hope your father has most or all of the documents that I mentioned.
