What
is a Power of Attorney?
A Power of Attorney is a written and notarized document
giving a person the legal power to act on behalf of another person according to
the terms of the Power of Attorney. The
Probate Court does not become involved with these types of documents.
What
is the difference between Power of Attorney and guardianship or
conservatorship?
The main difference between a Power of Attorney and a
guardianship or conservatorship is court involvement. Guardianships and conservatorships
are fiduciary relationships created by the court. The court authorizes a person
to act as guardian or conservator of another person according to the terms of
the court order.
If
I have a Power of Attorney, do I need a guardianship or conservatorship?
It depends upon the authority granted by the Power of
Attorney. A power of attorney may grant the individual broad powers over
the person and his/her estate, or limited powers to act only in certain
circumstances. If the Power of Attorney grants only limited powers, a
guardian or conservator may be necessary or desirable.
Can a Power of Attorney be
filed with the Probate Court?
No. Powers of
Attorney are not filed with the Probate Court.
Can a dispute over a Power
of Attorney be heard in Probate Court?
Yes. If a
guardianship or conservatorship was established, and the guardian or
conservator wanted to terminate the Power of Attorney and a dispute arose over
the management of the assets by the person acting under the Power of Attorney, the
Probate Court could hear this matter.
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