Legal Question in Elder Law in West Virginia

What rights do I have if sisters are granted Guardianship over parents?

My parents, sister and myself went to my parents lawyer to make sure that the POA was what my parents wanted. They picked my sister and I to be on POA because my other three sisters live out of state. After that meeting my out-of-town sisters took my parents to the bank make up a new POA papers, changed their safty deposit box and checking. Now they are wanting Guardianship over my parents. How do we do it and what rights do we have?


Asked on 5/05/06, 1:54 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: What rights do I have if sisters are granted Guardianship over parents?

Your Parents have the right NOT to have their children dictate to them, about who they should appoint as their POAs; and they have the right to make whatever separate decision they want to make concerning their assets or care. Your parents have the right to NOT have mutual POA's or directions concerning themselves.

Therefore, Absent agreement; or your parent's inability or failure to handle the matters of their joint and separate assets and interests, the State can intercede, usually to everyone's disadvantage, to appoint a third party, unrelated to anyone; and at substanial cost and expense.

If you and your other "in state" sister's POA is of recent vintage and is a change from what your parents historically, previously said and provided with respect to their care and interests, then you and your sister should consider, leaving this matter alone. Unless, of course your parents are living with you.

Good luck,

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Answered on 5/05/06, 4:19 pm


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