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Question:

Several years ago I was in a very bad place mentally. My son sought guardianship over me which was granted by the court. He also has POA over my health and finances. My son is not giving me access to my finances. I am doing well now and would like to take away his guardianship and POA. Can I do this? And, if so, how? He is not responding to my text messages or voicemail messages that I leave and I am getting frustrated.

Response:

Depending on your state, guardianship may give your son the power to make only health care decisions for you or both health care and financial decisions. If he has only the power to make health care decisions and is acting on financial matters through the power of attorney, you can simply revoke the power of attorney. Send your son a letter saying that the power of attorney is revoked and also send a copy to the any banks or financial institutions where you have accounts.

However, the guardianship, whether it gives your son power over just health care matters or both finances and health care, can only be terminated by the court that appointed him. Go to the courthouse and ask them how to proceed to have the guardianship terminated. You will no doubt have to present an affidavit from your physician explaining that you are once again competent to handle your own affairs. (In some states, the “guardian” makes health care decisions and the “conservator” legal and financial decisions. It’s possible that your son was appointed to both roles or simply as guardian.)

If the court is unhelpful, you may need to hire an attorney to represent you in this matter.

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