Does guardianship override a power of attorney?
In this article, you’ll learn about:
Let’s dig in.
Yes, guardianship overrides a power of attorney for all non-financial matters.
And guardianship overrides a power of attorney because it’s a court order.
To control financial matters, guardianship also needs conservatorship.
Without conservatorship, a power of attorney will override guardianship for financial matters.
If there is a conservatorship, that overrides a power of attorney for financial matters.
For a power of attorney to get overridden:
Let’s look at what is the difference between a power of attorney and guardianship.
A power of attorney allows you to act on behalf of someone else.
Once that person gets incapacitated, you become their agent.
The person who gives you power of attorney is the principal.
You can make decisions about:
And you can sign legal documents on behalf of the principal.
Guardianship is when you take care of someone who can’t take care of themselves.
And guardians get appointed via a court order by the judge.
If you’re a guardian who needs to manage finances, you’ll get a conservatorship.
And then you can manage their finances and personal affairs.
But, if you don’t have a conservatorship, then power of attorney overrides guardianship.
At least for financial matters for the principal.
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