Is a Power of Attorney Valid After the Death of a Guardian

[CTM]

My question involves guardianship in the State of: Alaska (and Ohio). Due to my mother's mental illness, my father was appointed her guardian in the state of Alaska several years ago. Earlier this year, my father became very ill, and I had both of my parents moved to the same nursing home in Ohio, close to where I live. Because of the severity of the situation, the details of the guardianship were neglected - we did not transfer the guardianship or deal with it in any way. However, in order to help my father with bills and health care decisions, I became his POA.

My father passed away last month. In order to help my mother in the same way that I helped my father, I have become her POA. My mother wanted this, and she was well enough to sign the POA paperwork. Besides her mental illness, my mother is a paraplegic due to advanced MS and requires skilled care at the nursing home. She is no longer capable of actions which would hurt herself or others. I do not feel that full guardianship is necessary. Being her POA gives me enough authority to help her with insurance paperwork, bills, health-care decisions, etc.

Meanwhile, in Alaska, a court has appointed my mother a "personal representative". This person contacted me a few days ago. We had a confusing and unproductive conversation, which left me with the following two questions:

1. Is the POA for my mother legally valid here in Ohio? I'm worried about this because my mother was declared incompetent in Alaska, and I'm not sure if this status extends to Ohio. If it does, her signature on the POA documentation might not be valid.

2. How do terminate the guardianship in Alaska? I'm not even sure of my mother's current status, since my father has died and she is now in another state.

Thank you very much.

[Mr. Knowitall]

If she's under a guardianship, the guardianship order trumps the POA. If the guardianship relates only to her physical and medical care, a POA for financial matters may remain valid. If the POA was executed after the guardian was appointed, there would be doubt as to whether it is valid even in those areas where the guardianship might not preempt it. If she was declared mentally incompetent before executing the document, it's not worth the paper it's written on.

If your mother wishes, she can petition the court to terminate the guardianship; otherwise she or somebody else should be petitioning for the appointment of a successor guardian. I suggest getting in touch with her, determining her present level of function and determining her wishes, then deciding your next step based upon that information.

[CTM]

I appreciate your quick response. I spoke with a court official in Alaska today, and I'm going to submit paperwork to be appointed my mother's new guardian. I believe that I will also have to submit similar paperwork in Ohio, as guardianship does not seem to transfer from one state to another (I am still looking into that). I am trying to do this without an attorney, but I'm beginning to wonder if that is possible (or smart).
Thanks again!