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Ellen, Attorney
Category: Estate Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Ths is in new jersey. my mother in law signed a Power of attorney

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Ths is in new jersey. my mother in law signed a Power of attorney that gave my wife and her sister, among a host of powers, "custody of her person" under that paragraph it allow the two sisters complete control over her, her medical treatments and decisions about medical facilities and nursing homes. Their older brother is attempting to obtain guardianship over their mother. What is the difference, and the fact that the mother has already given the two sisters costody of her person, does that make them guadians as well?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


My name is XXXXX XXXXX I will do whatever I can to answer your questions!

A conservatorship and a power of attorney are similar however the appointment of a guardian would revoke the power of attorney. With the power of attorney, a person – your mother-in-law – appoints another person to be in charge of her care and/or finances. In a guardianship, the judge appoints a person (the guardian) to be in charge of the person's care and/or finances.

Typically the court will appoint a guardian when there is not a valid power of attorney or an interested party alleges that court involvement is required. In your situation your wife or her sister can ask the court to deny the guardianship based upon the fact that it is not necessary in light of the power of attorney. However she can also asked the court that if a guardian is appointed, that either she or her sister be appointed as guardian

I would be glad to respond to any related follow-up questions that you may have.

Customer: replied 4 years ago.
Given they have power of attorney is it easy/quick to obtain guadianship. Their mom has dementia, recently broke her hip and is in a nursing/rehab center right now. I believe her doctors would easily support the two sisters(There are 7 siblings, 6 agree on the current course of action, the eldest disagrees and has alienated himself from the family, he is the one trying for guardianship)

A guardianship is a court involved and court monitored proceeding. The eldest will need to convince the court that your mother is not receiving proper care or her finances are not being properly administered by the power of attorney to justify the cost of guardianship. However if the court does approve the guardianship, typically the court would appoint the person(s) nominated in the power of attorney.
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