POA vs. Guardianship
My mother suffered a stroke in June, 2004. Unknown to me my sister had gotten a durable POA and a health care proxy from my mother. I didnt know this until my sister produced it at the hospital and demanded that all medical and financial information be done through her. She has now refused to let anyone question her authority over my mothers property, care or financial matters. She has recently put my mothers house on the market, removed all the furniture and family memorabilia and sold her car. According to my attorney the POA is ''bulletproof'' and valid. I was told to seek a financial accounting from my sister to determine where and to whom the money is going. I was also told that I could go to court to become my mothers legal guardian and have the POA revoked. If I do seek legal guardianship does that mean that my assets become exposed for the care of my mother or is management of her financial matter with her own resources my main concern?
1 Answer from Attorneys
Re: POA vs. Guardianship
If you Petition to have yourself substituted in place of your sister, As POA and Agent for your mother, it is likely the Court will appoint a third unrelated party, As Guardian, of the property, and that Guardian will have to be paid; while leaving your mother to live with you, As Guardian of her Person. You would probably need to show financial and emotional stability; And that your mother actually WANTS or would want to stay with you, rather than with your sister. If you suceeded, in your Petition, it is also likely, your sister would leave you and your mother entirely alone, with each other, to work out whatever arrangement/s you and your mother decide is the way to proceed.
Please note, exercise of authority, whatever its nature, is NOT usually done "by committee." Unless, the source of the power or authority specified that the excercise of same, is to be by "committee" or in concert with another or others, your expectation that your sister should be accountable to you, is unreasonable. If your mother had wanted it that way, she could have easily made it that way, before now.
Your mother's decision re who she wanted to assist her, and what needed to be done, in the event of this time and circumstance in her life, as indicated by the POA. Whether you like the idea or not, is entitled to great respect and consideration.
Good luck,
Phroska L. McAlister, ESQ
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