I have a durable power of attorney. My father is in an assisted living facility with dementia. A state agency has been appointed

Asked about 2 years ago - Boise, ID

as his guardian. Can my power of attorney be revoked by the courts?

Attorney answers (2)

  1. Paula Brown Sinclair

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If your "durable power of attorney" is a health care proxy (rather than a general or special power of attorney of any type) then the guardianship would supersede the POA.

    Best wishes for a favorable result, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    Answered . Yes-that would be what happens in most states.
    The power of attorney is usually used to prevent the guardianship from happening.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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