If one family member has durable power of attorney over a parent, can another family member have the parent deemed? - Estate Planning Law Questions and Answers- LawQA.com

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If one family member has durable power of attorney over a parent, can another family member have the parent deemed?

Incompetent and gain guardianship and it override power of attorney?


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In Missouri, if a probate court deems an individual incompetent and appoints a guardian and conservator (guardian is control over the individual, conservator is control over the assets) then the probate court sets aside the durable power of attorney. Any member of the family can petition the probate court for the appointment of a guardian and conservator.

Answer Applies to: Missouri
Replied: 4/7/2016

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