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  1. #1
    Join Date
    Jul 2011
    Posts
    2

    Default Can Power of Attorney Override Guardianship in Texas

    Texas

    My uncle has recently taken over Guardianship for his elderly father. Both are Texas residents. The Guardianship has been approved (superseded from deceased sibling) and bond has been issued. While reviewing all the documentation, my Uncle located a Durable POA which was executed and file-stamped a few years prior to establishing Guardianship. Uncle also mentions a Medical POA but I've not confirmed that yet. He is not aware that either were ever revoked by his Father.

    The question is can the Guardianship, or at least the financial side, be dissolved in favor of the POA? The obvious benefit is that the POA is sweeping and it doesn't seem that there is any oversight. Not that he has any misplaced intentions but the Guardianship, as it is, creates a greater burden on all parties and is not what I would think best for judicial economy. He has already expended a great deal of effort and over $1000 (for which the Estate will be billed) just to get the paperwork and accounts in order. Now he sees that he must begin liquidating assets so that his father may have a decent standard of living in his final years. I know he can ask the Court to liquidate but all discussion leads me to believe this Court usually dictates onerous terms for such.

    Sorry if this belongs elsewhere but I thought this forum to be the best fit.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,031

    Default Re: Can Power of Attorney Override Guardianship in Texas

    the best you can do is ask the court. The duties and responsibilities of a guardian and POA are not the same so if the courts determined a guardianship was appropriate, I would suspect the court would be hesitant to remove the guardianship now.

    I question what benefit you are arguing to remove the guardianship of the estate but not the guardianship of the person. If I were a judge, I would be suspect of such a request as it basically removes review of the wards financial assets and only requires an oversight of the care of the person yet you would still have the costs incurred to maintain a guardianship.

  3. #3
    Join Date
    Sep 2005
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    Posts
    73,035

    Default Re: Can Power of Attorney Override Guardianship in Texas

    Once the court grants a guardianship, any provision of a previously executed power of attorney that conflicts with the order of guardianship is no longer valid.

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