First-I am a Florida attorney.
The power of attorney is designed to avoid a guardianship proceeding.
The courts are slow to appointment a guardian if one is not needed.
Your brother would have to prove that one is needed-if he is successful your document your be void.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Mr. Pippen is right on point, as usual. We create Durable Financial Powers of Attorney to avoid Conservatorships with the courts and Durable Medical Powers of Attorney to avoid Guardianships with the Courts. You have mentioned that you have a Durable FINANCIAL POA over your mother, but not a Medical POA. The Guardianship would allow you or your brother to make medical decisions for your mother, a Conservatorship would address the financial. The Durable Financial POA is not revoked, even though she is sick and can not take care of herself. It survives disability. It just does not survive death. Please feel free contact me for a free initial consultation or another attorney on Avvo. I think that you really need to sit down with a local attorney and talk with us about what is going on and options. Good luck
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Q: Can Guardanship take over my Durable Financial Power Of Attorney?
A: If greedy brother succeeds in convincing the probate court to grant guardianship/ conservatorship, a necessary part of that will be setting aside the PoA.
As Winston Churchill said under similar (well, analogous) circumstances: "We shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender[!]"
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I agree with my collegues that a guardianship will likely revoke your power of attorney, but that guardianship and conservatorship are really two different things. If you have been doing the primary caretaking, and your brother is pushing, then perhaps it is time to handle the matters formally through the probate court. It sounds like you have nothing to fear except costs that could have been avoided had your brother behaved. In a dispute like this the court will likely appoint a guardian-ad-litem, who will make independent recommendation to the court. Good luck.
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