Houston, TX asked in Estate Planning, Family Law, Elder Law and Probate for Texas

Q: Is my POA suspended when someone applies for adult guardianship? The Court has not yet appointed a permanent guardian.

I have a valid POA from my grandmother, including times of her incapacity. My aunt applied for guardian of the person of my grandmother. May I use my POA to request access to my grandmother's bank accounts and request forms to reinstate and pay her life insurance policy for her ? May I set up automatic payments to her creditors for her ? May I negotiate a contract to pay her property taxes for her ? I would like to hire home-health caregivers and transportation for her, also. Is my POA suspended when someone applies for adult guardianship? The Court has not yet appointed a permanent guardian. At the next hearing, it will be six months since my aunt applied for guardianship; which will probably be contested by other family members.

1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: The POA is only suspended when a guardian is appointed. Without seeing the POA under which you act as agent, it is impossible to say what powers it gives you.

James Norman Willi agrees with this answer

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