Legal Question in Elder Law in North Carolina

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

Asked on 7/26/04, 12:41 am

1 Answer from Attorneys

Dan Brady Brady, Nordgren, Klym & Morton, PLLC
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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.

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Answered on 8/03/04, 11:18 am

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