Skip to main content

Power of attorney vs guardianship

Deer Park, TX |

My step-father, who has alzheimer's, gave me durable power of attorney several months ago.my step siblings and half siblings angry over this.They are beginning to try to claim my daughter and I are not taking care of him and that there is abuse.my half-brother is claiming he has guardianship, though i know he has not been to court to have this granted.they all believe this will override my durable power of attorney.we have had aps over, and they have not yet told us anything, as we have a lot of family issues.will a guardianship override the poa?all they want is to kick my daughter and me out of the house, we live with him since my mom passed away.

Attorney Answers 1


  1. To boil your question down, yes, a guardianship will replace a power of attorney executed by your step-father. In fact, to ensure that an agent given authority under a power of attorney is properly given the chance to defend that authority, agents under a power of attorney must be provided with specific notice of any guardianship application. You're also right that your half-brother is lying to you if he hasn't been to court.

    This is a pretty critical time in your step-father's life, and while I'm sorry that it's at the center of so much family turmoil, you need to be proactive. Start searching for guardianship attorneys now. This is a fight just waiting to find its way to the probate court.

    This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics