My Mother and her attorney made a Special Durable Power of Atty for her real estate on 2/2011, on 11/15/2012 they declared her incompetent and appointed a guardian. The guardian has since sold 3 of her 4 apts. in her/our condo. He now wants to sell and kick me out of mine that I have lived in and cared for as well as property with a 2 day notice to go to court. I have been disabled and still waiting for Social Security disability. I have major health problems with my heart as blood clots (6 throughout my body). My girlfriend has been paying for household bills, etc. I just received on 4/27/2019 to appear in court today 4/29/2019 and I can not go. I have made several calls to guardian as well as his atty. no response.
What am I to do? Said property is being left to me as well in her will.
You should try to get to court. If you absolutely can't get there, then call in and leave a message with the clerk.
You may have authority to act as an agent for your mother, but as her agent you need to act in her best interests and not in any interest of your own. If you want to block the sale so that you can live there, that would be deemed acting in your own interest unless you have a good argument that you paying rent to your mom is better for her financially than selling at this time. Lots of considerations would be taken into account, like how much money your mom has and how much her care is costing etc.
Those are the things that would be argued at the hearing today I imagine.
I hope this helps.
If you find the answer was helpful, please remember to mark it as "Helpful" and also mark one of the answers as the "Best Answer." Please understand that the responses provided typically include only general information because a more specific answer would require a more in-depth consultation. Please also feel free to ask additional questions for further clarification. The answer provided is for informational purposes only and should not be considered legal advice. If you require legal advice, please consult with a licensed attorney.
I would call the Judge's assistant and explain the situation. Ask the judicial assistant if you can appear telephonically.
The other attorneys give good advise. But to answer your actual question, whether the guardian can "override" the power of attorney making you your mother's agent for her real estate depends on the guardianship judge. All powers of attorney are automatically suspended for the duration of guardianship proceedings. Whether that continues or not depends on the limit of authority the guardianship judge give to the guardian. If the judge gives the guardian "plenary" authority, then the guardian will have authority over the real estate and can do what the guardian believes is in the best interest of the ward (your mother). If the judge wants to leave the power of attorney in place, he/she would have appointed a "limited" guardian, which would exclude the authority over the real estate and leave your authority intact. So, you will have to review the documents/orders issued by the judge when the guardian was appointed. If the guardian was not given the authority to deal with the real property, it is probably too late to do anything about the prior sales, but you may have some recourse to prevent being removed from the property you are/have been living in. If the guardian has been given authority over the real estate, short of a very sympathetic judge (and even that would be appealable), you are probably out of luck.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline