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

Sacramento, CA |

Can the agent who has durable financial POA use the principal's money to contest the conservatorship or propose himself as the conservator?

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Attorney answers 2


It depends on the language in the POA but I would guess NO.

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.


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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