Can a guardian be appointed if someone else has durable power of attorney?
In New Jersey at least, a guardian may be appointed for someone even though there is a durable power of attorney. State laws determine who may be appointed guardian. These are usually based upon the relationship between the person in need of a guardian and the person who wants to be guardian. E.g. a spouse has the first right to be guardian over all others. The person holding the POA has no automatic special standing to be appointed over others who may be more closely related to the incapacitated person, although a court is free to disregard that law if there is some special reason to do so. This is given for information purposes only and is not to be taken as legal advice.
Related Questions
- If the beneficiary has appointed an Attorney-In-Fact under a Power of Attorney, or had a Guardian/Conservator appointed by a court of competent jurisdiction, do I need to submit proof?
- Can a guardian be appointed if someone else has durable power of attorney?
- What is a Durable Power of Attorney and Nomination of Preneed Guardian?
