How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33761
Experience:  Attorney with 15 years experience
19958803
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

Of Attorney Mother who is 94 and is a nursing home. My

Customer Question

I am Power of Attorney for Healthcare for my Mother who is 94 and is a nursing home. My Brother was recently appointed Plenary Guardian. I have a question for you.
Two years ago as Power of Attorney I purchase a prepaid funeral insurance policy.
My my had specific wishes as to funeral details. What funeral home, church etc.
Now my brother want to change the funeral home to one that his wives cousin works at.
My power of attorney for healthcare states the I have the authority to dispose of her remains.
Does he have the right to make any changes since according to this document That decision is mine.
Rich
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Does he have the right to make any changes since according to this document That decision is mine.

.

Unfortunately the answer is yes. A guardianship trumps a POA because the guardian is in complete control over the ward's life and any authority that they could have exerted on their own. And that includes the right to revoke a POA if the guardian chooses to.

.

So as the guardian, he can just send you a written notarized revocation of your authority as POA and then that is effective to end your power to make any decisions for mother. He would then be the sole one in control under the supervision of the probate court..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

Related Family Law Questions