Does Guardianship Trump a Power of Attorney

[ibsnowdin]

Hello,

My Grandmother currently has dementia and is unable to make any decisions on her own. She lives with my mother who has been taking care of her for over 8 years.

At this time she has an estate worth over a million plus, and has 2 PoAs under the same PoA agreement, which was set up for travel purposes about 12years ago before she got sick. This PoA is an enduring agreement.

My question is that the 2 PoAs which are brothers are currently fighting over her estate and a percent of my grandmother's estate is in limbo with her lawyer (One of the brother's pays the same law firm hundreds of thousands each year for his business and really favors the one brother) So my Mother which is currently entitled to nothing but has guardianship. She wants to take control of my grandmother’s estate because the 2 brothers hate each other (They are trying to use my grandmother's money to get back at each other) and are not going to act in the best interest of my grandmother.

How would my mother be able to gain control of my grandmother's estate?

Thank You

[LawResearcherMissy]

How would my mother be able to gain control of my grandmother's estate?

That depends on what powers are granted by the POAs.

Your mother should be discussing guardianship with an attorney in her area.

[aaron]

If guardianship was granted by a court, the guardianship trumps the powers of attorney in relation to matters covered by the grant of guardianship. The guardian can serve copies of the order on financial institutions, etc., so that they know not to accept a preempted POA.