Loc r 66 15 powers of attorney by guardian prohibited 2025

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Please keep in mind, if you plan to sign a new Power of Attorney document, doing so does not automatically revoke the old Power of Attorney your new Power of Attorney document will need to contain wording that specifically revokes the previous Power of Attorney, or generally revokes all previous Power of Attorney
There may be an unnecessary infringement of the alleged incapacitated persons privacy, freedom and loss of decision-making authority. The appointed guardian may over time become overly protective, dominating and arbitrary.
Since its established by the court, a guardianship may supersede the authority granted by a power of attorney. However, this typically happens if the court determines the principal cant make informed decisions themselves or if the agent is misusing power of attorney to serve personal interests.
Power of Attorney allows individuals to choose their representative, whereas guardianship grants broader authority to the legal guardian, which is crucial when the individual cannot manage their own affairs. Understanding these differences helps in making informed choices about the best option for your needs.
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