When somebody with a durable financial POA contests a conservatorship, can the POA use the principal's money to fund the contest

Attorney answers (2)

1. 

   Joseph PippenPro

   Largo Estate Planning Attorney

   Contributor Level 20

   

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   Answered November 05, 2012 16:11. It depends on the language in the POA but I would guess NO.

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   Richard Stewart

   San Diego Elder Law Attorney

   Contributor Level 12

   Answered November 08, 2012 12:10. I am not sure about the prior attorney's answer. I don't think it is that clear from your facts. Certainly the POA language will be controlling on the issue, but the court will be able to use the funds currently managed by the agent under POA to pay for the some, if not all, of the costs regarding the conservatorship. Therefore, the proposed conservatee's money will likely be used to pay to fight the conservatorship.

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