how to change to guardianship when sister has power of attorney

How to become a guardian of a person?

Becoming a person’s guardian requires paperwork and a hearing in front of a judge. While the process may move swiftly, there will certainly be a lag time between when a person becomes incapacitated and when someone else can take over.

What is a POA?

Power of attorney: This is a legal document that allows you to appoint an agent to act on your behalf in certain matters, such as financial or health care. In order for the agent to stay in effect, it must be a durable POA. This is crucially important.

Can a POA be used as an agent?

On the other hand, if you have a POA in place, it’s much more seamless: You simply provide the care team or financial institution a copy of the signed power of attorney, as well as identification proving you’re the person listed in the POA, and can immediately begin acting as the agent.

What is a conservator?

Guardian/conservator: A guardian or conservator is a court-appointed person who’s given authority to manage the finances and/or health care decisions for someone who is no longer able to make those decisions on their own. In some states, the terms guardian and conservator are interchangeable.

Can you get guardianship if you are incapacitated?

Guardianship, on the other hand, can only be obtained after a person has become incapacitated, and the court will be the one to decide who will have the decision-making power. A durable POA established ahead of time can preclude the need for a guardianship. If you don’t have a durable POA, you risk the possibility that your loved ones may be ...

What is the difference between a power of attorney and a guardian?

While both a power of attorney and guardianship are designed to provide an agent with the ability to make decisions on your behalf, the primary difference between the two is that you will choose the agent for power of attorney and what actions you want them to take on your behalf, while guardianship is a court-appointed position.

What are the disadvantages of guardianship?

The first being that the process involves the courts. The court process can be lengthy, and an agent will not have the power to make decisions on an individual’s behalf until the process is completed.

What is a POA?

Power of Attorney. A POA, or power of attorney is a document that will give a person the power to act on the behalf of another individual. Power of attorney documents can differ greatly, with some providing the agent of the POA with broad legal authority over their life and others, creating the authority to make limited legal decisions, ...

When can a power of attorney be used?

In some situations, a power of attorney can be used when an individual cannot be present for a major financial transaction, such as purchasing a car. A power of attorney can is designated by the individual who needs assistance and can end for any number of reasons. The individual who a power of attorney is for can revoke it at any time, ...

What is a conservatorship?

Obtaining guardianship, or conservatorship, is a legal process where a person is awarded the decision-making capacity over an individual who is unable to communicate their decision or lacks the capacity to make sound decisions often due to a mental disability. It can also be awarded if a person is considered to be susceptible ...

What is the order of priority for a guardian?

When appointing a guardian, the court makes selection in a certain order of priority, with preference going to a person chosen by the individual, or a person nominated as guardian in a durable power of attorney or named as a patient advocate. With proper planning, this order of priority can be altered as you see fit.

What is a guardian in probate court?

Guardianship. When an individual cannot make or communicate informed general care decisions for themselves, a guardianship may be established through the probate court. Broadly speaking, a guardian is a substitute decision-maker for an incapacitated individual (known as the “ward”).

Why do we need a power of attorney?

Because they can be handled without a judge, powers of attorney can help safeguard your privacy , while saving you and your loved ones a significant amount of time and effort. Significantly, powers of attorney can also help guide a court’s decision on guardianship and conservatorship hearings.

What is durable POA?

A durable POA contains specific language that ensures your agent can act even if you become incapacitated, while keeping the power in your hands for as long you can make decisions for yourself. In Michigan estate planning, there are several important types of powers of attorney to know, including:

What is a durable power of attorney?

A durable power of attorney for mental health, similarly, names an advocate to handle your mental health care decisions if you become incapacitated. A patient advocate is obligated to act in your best interest and take reasonable steps to follow all of your expressed desires, preferences, and instructions relating to your care.

Who can petition for conservatorship?

Anyone interested in an individual’s estate, affairs, or welfare may petition for conservatorship, along with anyone who may be negatively affected by ineffective management of the individual’s property.

Is planning for the future scary?

Planning for the future can be intimidating, even downright scary. While it’s never fun to think about what might happen if you or someone you love were to sustain a major injury or succumb to illness, it is a necessary step — and one that can make difficult situations much easier to manage down the line for you and your loved ones.

Hollyn June Foster

Both Mr. Dolan and Mr. Coleman gave excellent answers to your question. Unfortunately since your sister apparently did not have a Power of Attorney appointing an agent and or successor agent in the case of the first also being incompetent, a guardianship is your only avenue.

Brian R. Dolan

This is not a power of attorney question. It is a guardianship question, so I am changing the practice area accordingly. To answer your question, Mr. Coleman is correct: you will need to file a petition to have your sister declared incapacitated and a petition to be appointed as her guardian.

Carl Randolph Coleman

The process of obtaining a guardianship is in two steps. The first is to file a petition with the court seeking to declare the person to be legally incompetent. Upon the court entering an order declaring the person to be incapacitated, a guardian is appointed by the court.

How does guardianship end?

For guardians of minors, a guardianship may end in several other ways: The minor turns 18. The minor dies before turning 18. The minor is legally adopted, joins the military, gets married or is emancipated (declared legally an adult) by a court order.

What is a legal guardian?

A legal guardian has control of a legally incapacitated person and the person's finances or estate. In some cases, a legal guardian may also have legal custody of that person. Minors and adults unable to care for themselves due to illness or disorder are commonly assigned guardians. An incapacitated person under the care ...

What is the legal obligation of a guardian?

A guardian has the legal obligation to act in the best interest of his/her ward, but the guardian do not have to respect the ward’s wishes if those wishes are contrary to the ward's best interests.

Can a guardian be a substitute?

The current guardian can request to appoint a specific person to act on his/her behalf. Caregivers of elderly persons who are also legal guardians may be able to request a temporary substitute guardian to give them some relief. An “ emergency” guardianship does not necessarily require an emergency.

Can a guardian terminate a guardianship?

A good reason exists to terminate the guardianship. The ward (if 12 or older), the parents of the ward (if the ward is a minor) or the guardian can request to end the guardianship. Usually, a court hearing will need to happen for the guardianship to end.

How to take power of attorney away from someone?

If you wish to take power of attorney away from someone due to abuse or negligence, review the document with your lawyer and follow these steps: Consult the Principal — If they’re of sound mind, explain your concerns about the Agent to the Principal. They can remove or change their Agent verbally, but it’s preferable if they fill out ...

What are the rights of a power of attorney?

With power of attorney, your Agent can legally sign documents, make healthcare decisions, and perform financial transactions on your behalf. Your Agent is legally obligated to act in your best interest.

What are the different types of power of attorney?

There are two main types of power of attorney: 1 Financial POA — A financial power of attorney is the standard POA form. It gives your Agent the authority to make financial decisions on your behalf. 2 Medical POA — A healthcare or medical power of attorney grants the Agent you appoint the authority to make decisions about your care if you are unable to do so.

What is a POA form?

There are two main types of power of attorney: Financial POA — A financial power of attorney is the standard POA form. It gives your Agent the authority to make financial decisions on your behalf. Medical POA — A healthcare or medical power of attorney grants the Agent you appoint the authority to make decisions about your care if you are unable ...

Who is Zachary Vickers?

Zachary Vickers is a staff writer for Legal Templates. Previously, he served as an editor for a team of investigative and legal journalists. His legal advice has been featured across the web —...

Can you use a power of attorney after death?

Even if your power of attorney form grants broad powers, your Agent cannot : Use power of attorney after your death to make decisions (unless they’re executor of your will)

Does a power of attorney expire?

A durable power of attorney doesn’t expire if the principal becomes incapacitated.

What is a guardianship agreement?

Guardianship agreements are used to transfer certain rights to the guardian that allow them to make important decisions and care for the ward. These agreements can be standalone documents, incorporated into a person’s will, or drafted as an affidavit.

What happens at a guardianship hearing?

At the hearing, the court will assess the situation at hand and determine whether the guardian is no longer suited to carry out the duties required by the agreement, or if the ward is old enough to make personal or financial decisions on their own without the guardian’s assistance.

What is a guardian?

A guardianship is a legally formed relationship between an appointed party (i.e., the “guardian”) and a second individual known as the “ward”. In many cases, the ward is typically a child or a minor who is below the age of majority (approximately 18 years of age in most states). However, a guardian can also be appointed for an adult who has ...

What is the purpose of a guardian?

The purpose of a guardian is to provide care and protection for the ward, as well as to make legal decisions on their behalf. Generally speaking, guardians are normally selected in one of two ways: either by a court or through a legal document called a “guardianship agreement.”.

Can you remove a guardian?

This is why removing a guardian may be difficult. Therefore, if you wish to petition the court to reverse a guardianship agreement, it is strongly recommended that you speak to a local guardianship lawyer before you file any paperwork for removal.