Southfield, MI asked in Family Law and Probate for Michigan

Q: Hi I have a question about adult guardianship case. I want to terminate my Father's guardianship case.

Can I have power of Attorney over my parent if someone else has guardianship over him

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Howell, MI
  • Licensed in Michigan

A: Court appointed guardianship superceeds previous Powers of Attorney, and if there is no previous power of attorney then being under a guardianship implies you lack capacity to grant a power.

You need to consult with a local probate attorney to determine what you need to do if your FATHER wants to eliminate the guardianship. Please note a guardianship is not 'over' someone but FOR them. The wording matters -- and may help explain why things are structured the way they are!

Seek that local legal representation.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Trent Harris
Trent Harris
Answered
  • Probate Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: No, you cannot have power of attorney over your father if he has a guardian. He has a guardian because he doesn't have the capacity to handle his own affairs, and thus he can no longer has capacity to appoint you as his power of attorney.

The alternative is that you could ask the court to modify the guardianship and appoint you as guardian instead. To do so, the court would need to be persuaded by evidence you present that the current guardian is not qualified, willing, and able to serve as guardian and act in your father's best interests, but you are. For further information, get a consult with a competent probate attorney in your area.

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