Legal Question in Wills and Trusts in Pennsylvania

No. Why would you do that?

First, you do not bring a guardianship petition because of financial exploitation by the agent under a financial power of attorney. If the principal is competent, then he or she could simply revoke the power of attorney given to the agent. The successor agent, if any, would then take over or the principal could make a new power of attorney and appoint a new agent and then sue the prior agent for any misconduct. So there would be no need for a guardianship at all if the principal is competent.

If the principal is not competent, then the only way to "override" the power of attorney is to show that the principal needs a guardian. However, misconduct of the power of attorney does not necessarily have to be shown in a guardianship. Just that the principal is mentally incompetent and that the person seeking the guardianship would be better able to handle the principal's affairs.

So even if the agent was found to have engaged in criminal acts, the principal is still incompetent and the proceeding has to continue to appoint a guardian to handle the principal's affairs.