Tucson, AZ asked in Family Law, Domestic Violence and Probate for South Carolina

Q: Can a person under legal adult guardianship grant general power of attorney to someone who is not their guardian?

The person in question is a 25-year-old who is under the legal adult guardianship of abusive, controlling parents. The guardianship was filed in SC, but the person and their parents are living in MD. The parents have taken the person's phone and control of their money, they have no privacy and it is a risk for them to make calls to lawyers or social workers. Would it be possible for a person who is legally under adult guardianship to grant a general/universal POA to someone who is not their guardian and who lives out of state in AZ? Or would this be void because the guardians would be considered to have POA?

1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT

A: I do not practice in South Carolina, so I would recommend along this question to those who are. With that disclaimer, I believe what you will find is that you will need to petition the Court in SC for a modification of the guardianship. You SHOULD have standing as an interested person to challenge the parents' guardianship.

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