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.
is the difference between Power of Attorney and guardianship or
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.
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. The Probate Court can also hear an action to require, hear, or settle an
accounting of an agent acting under the Power of Attorney.