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

Customer Question
I am Power of Attorney...
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: 2 years ago.Category: Estate Law
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Answered in 7 minutes by:
2/15/2016
Estate Lawyer: Barrister, Attorney replied 2 years ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,563
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

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.

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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.

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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..

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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...

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thanks

Barrister

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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,563
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Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

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