Does a durable power of attorney withstand false allegations against the holder of a durable power of attorney made by a petitioner for guardianship, when there has been no adjudication of any crime committed by the holder of the durable power of attorney? Does the power of attorney prevent a guardianship when the holder of a durable power of attorney, has not been adjudicated guilty of any crime?
Asked on 7/08/10, 7:27 am
1 Answer from Attorneys
Lucreita Becude
Lucreita D. Becude, P.A.
Depending on what the DPA states, the Petitioner may not have standing to ask for guardianship. Usually that is included in the DPA and states who is to have guardianship.
Answered on 7/08/10, 2:48 pm
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