Can Guardian Appoint Himself Under Durable Power of Attorney for Ward?
Photo by Zach Lucero on Unsplash
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.
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)
Related Articles
Putting off planning your estate?
Don’t know where to start?
This simple-yet-comprehensive guide provides everything you need to know (in plain English).
Don’t know how your trust works?
Whether you’re creating a plan, managing a trust, or are a beneficiary of a trust, this book is your easy-to-read roadmap.
