My mother is in a skilled nursing facility. Total care
My sister was guardian of the person and died May 2016
Now my other sister and I were named guardian of my mother in August 2016
(Guardian of the person)
I was power of attorney in 2007
Is my power of attorney still valid?
It's depends on whether the POA is for healthcare or financial matters. Its always best to have an attorney look at the relevant documents.
A HEALTHCARE PoA is probably superseded by the guardianship. A Financial PoA may or may not be, depending on the terms of the guardianship. Without seeing all the documents it is impossible to know for sure. I'd suggest you consult with a local probate/estate planning attorney. This will be fairly inexpensive as many attorneys offer free or reduced cost initial office conferences.
This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
I strongly recommend that you briefly consult with a local elder law or estate planning lawyer in order to be sure about this. It is possible that your mother's 2007 power of attorney (assuming she was competent and voluntarily willing to sign it then) is still valid, concurrent with your guardianship appointment, but that would hinge on the precise wording of both the Clerk's order appointing you, and the POA instrument. Some durable POA instruments contain guardianship clauses that say something to the effect that if the principal is ever adjudicated incompetent, that the person named attorney-in-fact in the POA instrument will automatically be appointed guardian as well; similar provisions also often appear in healthcare POAs. I suggest that you take a copy of the Clerk's order from the guardianship proceeding, and the POA upon which you are relying, and have a lawyer synthesize the two documents. A lawyer experienced in this area should have no problem providing you clarity on this question. Blessings to you and your mother.
I agree with many of the other post but wanted to add that some institutions/organizations will not accept a General Power of Attorney that is more than 3 or so years old. They may consider it to be a "stale" document. You would want an attorney to look over the document(s) and also check with the institution where you intend to exercise the power to see if they are still willing to accept it.
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