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Can you tell me the different between power of attorneyand…

Please can you tell...

Please can you tell me the different between power of attorneyand Guardianship.Can they change a will or touch a Estate that is in a Trust

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

IIllinios

Lawyer's Assistant: Has anything been filed or reported?

Yes the Estate that is in a trust has been filed since 2008.I believe the will was too.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The person that has power of attorney is trying to get Guardanship of person and the estate.

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Answered in 5 minutes by:
3/8/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,027
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

They kind of both do the same thing.... give one person authority to act for another person... but there are differences. A POA is voluntarily given by the grantor to the holder to help the grantor and "share" their legal rights to act. A guardianship is imposed when the person is incompetent legally and can't act on their own. The guardian then acts on behalf of the ward after being legally appointed by a judge.

.

But either of those roles could terminate a "revocable" trust, but neither could touch an "irrevocable" trust..

.

But neither of these would allow the person to change the valid will of the other person.

.

.

thanks

Barrister

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Customer reply replied 5 months ago
Even if the will has been file. The person who will it is in a nursing she has Dementia.

Correct, neither a POA nor a guardian can change a will that was made before the person became incompetent..

Barrister
Barrister, Attorney
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