Can a Guardian grant someone a Power of Attorney

Asked over 2 years ago - Bowie, MD

My father is the guardian for his mother (my grandmother), but due to health issues he is unable to sign her in a Nursing Home on 3/26/12 or continue handling her affairs. Can he appoint me a Power of Attorney to handled this transaction? Thanks

Attorney answers (2)

  1. George E Meng

    Contributor Level 12

    5

    Lawyers agree

    1

    Answered . In answering, I am assuming your father is the guardian of the person and the property and that he is court appointed by a Maryland court. If my assumption is wrong, my answer may not apply. I think there is a strong argument that your father cannot use a power of attorney unless he gets court authority. There is Maryland case law that states a guardian is actually an agent of the court and that the court is the true guardian. One of the powers a guardian of the property has is: "Employ agents. -- He may employ for reasonable compensation agents, attorneys, auditors, investment advisors or other persons with special skills, to advise or assist the fiduciary in the performance of his administrative duties..." One might argue that this would allow the guardian to use a power of attorney to sign a contract for the admission of your grandmother but I wouldn't do that in this situation. You write that your father can't continue handling her affairs. I would consider, if the nursing home will agree, having your father designate you to sign the contract subject to later approval by either your father or a new guardian and then apply to the court for a replacement guardian.

  2. Brian Coleman Kelly

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Yes the guardian has the power to have a power of attorney, but maybe a new guardian should be appointed asap.

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