What if a person prepares a power of attorney and later has a guardian or conservator appointed for him/her? Who has authority and for what? (C.R.S.
If a medical durable power of attorney is in place and a guardian is later appointed for the principal, the agent has priority to make medical treatment decisions over the guardian, unless the power of attorney is revoked by the court. An agent under a medical power of attorney must consult with the guardian on matters concerning the principal’s personal care. Further, unless restricted by the guardian’s court order, a guardian has power to revoke, suspend or terminate all or any part of the power of attorney with respect to the principal’s personal care but not with respect to medical treatment as stated above. If a conservator is appointed for a principal, the agent must account to the conservator on matters concerning the principal’s financial affairs. The conservator has the power to revoke, suspend or terminate all or any part of the power of attorney relating the financial matters.
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?
- What if a person prepares a power of attorney and later has a guardian or conservator appointed for him/her? Who has authority and for what? (C.R.S.
- What rights does a protected person give up when a guardian/ conservator is appointed?
