Can Guardian Appoint Himself Under Durable Power of Attorney for Ward?
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Question:
Can a legal guardian of an elderly parent still appoint himself as a durable power of attorney to sell a property without a court’s permission? Then withdraw the guardianship without any penalties or sanctions from the court?
Response:
That’s a creative idea, but no, a guardian can’t sign a durable power of attorney on behalf of the person under guardianship. But there is a variation on that theme that may be possible. The guardian or conservator may be able to get court authority to transfer the property into a revocable trust and subsequently sell the property from the trust. But they can’t just go ahead and do this without court authorization.
Related Articles:
Can a Guardian, Conservator, or Agent Live Out of State?
How Guardianship & Conservatorship Work (and Why They’re to be Avoided if Possible)
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