Generally, a durable general power-of-attorney, if adequately drafted, enables the agent or attorney-in-fact, to act on behalf of the incapacitated person, like a guardian would and thus guardianship is not necessary. However, if the person who gave the power-of-attorney is cognitively impaired and refuses to cooperate, guardianship may be necessary. Also, if the power-of-attorney document does not provide the authority needed to do certain things, guardianship may be necessary. The court always has authority to appoint a guardian over the protests of a person named as power-of-attorney if the court believes it necessary.
Contact us now to inquire about power-of-attorney rights and responsibilities.