Is guardianship needed if mother already has poa and moa?
my sister has both durable poa and moa. her son is severly brain damaged. in a coma 3 years now. son was married one month prior to accident. new wife took my sister to court in hopes of gaining guardianship for money purposes. the court appointed my sister. documents were presented in court. sister posted bond. now the court wants 160,000.00
bond which is hard to get. big question? didn't my sister already have all the power she needed to care for her son.
and could this guardianship be reversed? thank you
1 Answer from Attorneys
Re: Is guardianship needed if mother already has poa and moa?
The guardian trumps the POA. The court retains the authority to appoint a guardian at any time.
While the POA should have covered most of the issues, the wife requested the guardianship for some reason and the court agreed that a guardian was necessary and appropriate.
Related Questions & Answers
Our responsibilities if parent signs over property My father-in-law wants to sign... Asked 7/05/04, 7:10 pm in United States North Carolina Elder Law
Financial Responsibilities of POA My brother has the power of attorney, with me... Asked 6/14/04, 9:07 pm in United States North Carolina Elder Law
Transfer of Property Can a Mother legally transfer her real property to her... Asked 10/09/02, 4:15 pm in United States North Carolina Elder Law
No power of attorney or trustee in place what happens to parent if there is no... Asked 9/18/02, 3:10 pm in United States North Carolina Elder Law
Relative Taking Advantage of Elderly Mother What rights do I have as a sibling and... Asked 1/10/02, 3:20 pm in United States North Carolina Elder Law