Is it legitimate to add a paragraph on the end of a durable POA that says if anyone files for guardianship the agent still wants the POA?

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Is it legitimate to add a paragraph on the end of a durable POA that says if anyone files for guardianship the agent still wants the POA?

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My sister took mom to a third attorney while mom has documented dementia and after going there told me she signed papers but didn’t know why.

I received a copy of this new document 15 months after it was done- lawyer recently sent it to me.

The last paragraph states “ if anyone tries to take the POA from (——-)person listed, and files for guardianship Or conservatorship, I want (——) to also be my guardian and/or guardian. Listing same person???

is this legitimate? This person, my sister has and continues to completely drain all of moms assets and monthly income.

A surprise visit from me a few days ago- no food in the fridge at all. And moms recent doctor visit showing 28 pounds loss in 3 months. And Bp 178/80. No Bp meds since June. But a blood thinner that can’t be checked and continued nose bleeds with only one ER visit.

so if the guardian would still be the same are my hands tied at this point and I have to live with the fact that this is how my mom will live her remaining life. Please send me some guidance!

Elder Law Forms & Documents Power of Attorney (POA)

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I think that the only reason someone who has a properly executed POA would need to go through the guardianship process is because there is a dispute or questions about the POA's competence, so while the judge is going to take that into consideration both sides had better have all the evidence backing up their positions meticulously documented - character references would be good too.

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You're right. In general, in the court system, a conservatorship or a guardianship TRUMPS any POA just on the face of it. The court ruling, when guardianship is applied for and GRANTED, will be a written document that will enumerate EXACTLY who does what. That NEW ORDER of the court will undo any previous orders. Evidence of any wrong doing, abusive coercion or such will be presented at the hearing for guardianship along with proof and witnesses. For instance, if a senior was taken to sign such a POA AFTER diagnosis as incompetent or having serious dementia to the extent he or she cannot act for himself, then that evidence would be presented during the guardianship hearing. A letter from a doctor would suffice in that regard.

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Your attorney will discuss this legal matter with you. We can have no access to the legal aspects of any particular fight for guardianship.

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My POA states that I have a preference of whom would be my guardian in the event I should need one, so yes, it is legal to state that in a POA.

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Its not even logical to have a guardian and a POA. One purpose of a guardian is to override a POA. Why get a guardianship if u can't get a rid of the POA.

What you need to do is call Adult Protection Services saying Mom is not being care of and why. Take pictures of the empty frig and cupboards. Tell them Sis is using Moms money for her personal needs.

If Mom has been formally diagnosed with Dementia, then she is not capable of making any changes to her POA or Will. As said, see a lawyer. Your Mom is being abused.

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I'm thinking this paragraph was added (and the guardian the same person as the current PoA) for 2 reasons: in case the Mom does something that causes her to need a guardian (like makes yet another new PoA but assigns it to someone shady); or because it is a preemptive strategy in case the OP decided to fight for guardianship away from the sister.

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If you are interested in fighting for guardianship for your Mom, then take that document to a certified elder law attorney and ask that question. We on this global, anonymous forum (with no accounatability) can't answer your question — we're not attorneys and laws can differ by state.

One is able to name their own preferred guardian, if they have capacity. Whether or not a judge agrees this guardian is appropriate, is another story.

Please know that fighting for guardianship can be very expensive ($10K) and if the judge thinks the family in-fighting is detrimental to your Mom, may assign a neutral, 3rd party guardian.

If you have "proof" that your Mother was cognitively incapacitated (the legal definition, not your opinion) when she created that new document, then start with this when you contact an attorney. FYI mild memory impairment does not necessarily disqualify one from legally creating those types of documents. The lawyer ususally takes the client into a separate room to privately interview them as to whether they understand (not remember) what creating those documents means to them.

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Thanks! I didn’t realize states had different laws pertaining to this.

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As long as mom was of sound mind this is legal, unless it can be proved the named person is abusive.

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Is it legitimate to add a paragraph on the end of a durable POA that says if anyone files for guardianship the agent still wants the POA?

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