Power of attorney vs guardianship

Asked about 3 years ago - 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. James Brian Thomas

    Contributor Level 14


    Lawyer agrees

    Answered . 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... more

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