Failure to Honor Durable Power of Attorney

[jsg]

My question involves guardianship in the State of: Fl.
Opposing Attorneys in Georgia failed to recognize completely legal Durable POA made in Fl. where my Mother and I had resided, stating that they did not think she was competent when she signed power. Attorney in Fl. crossed t's and dotted i's in determination of competentcy. Now Mother is deceased and probater of will wants to take all expenditure made under Durable POA out of my part of settlement. Did power have to be revoked while she was living? What would be procedure? Should I have been notified in writing? What about expenses etc. paid while operating under previously legal durable power? My Mother has been deceased 5 years and I still have no revocation process papers although Guardian Ad Litem was appointed against Mother's wishes for divorce case well after durable had been in effect. Please try to tell me what process the Ga. attorneys would have to go through to ignore legal Fl. durable power? Extensive Thanks

[Mr. Knowitall]

If a court empowered a guardian or other person to attend to your mother's financial needs due to her being incompetent, the court's order would terminate the prior POA.

They "failed to recognize" the power of attorney when? Before your mother died? Then you spent your mother's money anyway? You posted this in the guardianship forum - so are you stating that a guardian was appointed and you chose to ignore the guardian's instructions and spend your mother's money anyway? They're taking issue merely with the fact that you spent mom's money, or is the dispute over how you spent the money?

[jsg]

If a court empowered a guardian or other person to attend to your mother's financial needs due to her being incompetent, the court's order would terminate the prior POA.

They "failed to recognize" the power of attorney when? Before your mother died? Then you spent your mother's money anyway? You posted this in the guardianship forum - so are you stating that a guardian was appointed and you chose to ignore the guardian's instructions and spend your mother's money anyway? They're taking issue merely with the fact that you spent mom's money, or is the dispute over how you spent the money?

The Guardian Ad Litem was appointed only for representation in the divorce action. This was well after the durable POA had been established against my Mother's wishes and I paid out of pocket thereafter. She was not incompetent, that was never determined by court action. The transactions in question were made before the guardian's appointment. They include all normal expentitures that I made on my Mother's behalf. I was not notified that the POA was in question until appointment of guardian

[Mr. Knowitall]

What do you mean, "the durable POA had been established against my Mother's wishes" - you can only establish a Power of Attorney with consent.

In any event, there's not much more we can tell you. We don't have the facts, haven't seen the allegations, and know nothing about the expenditures.

[jsg]

The Guardian Ad Litem was appointed only for representation in the divorce action. This was well after the durable POA had been established against my Mother's wishes and I paid out of pocket thereafter. She was not incompetent, that was never determined by court action. The transactions in question were made before the guardian's appointment. They include all normal expentitures that I made on my Mother's behalf. I was not notified that the POA was in question until appointment of guardian

Sorry, I am looking at what I wrote. I somehow was trying to write one sentence, " stating the Guardian Ad Litem, -----------------, was appointed against my Mother's wishes. My mistake. I should have spent more time proof reading.