Question: I have Power of Attorney for my elderly mother’s affairs, but as she becomes increasingly mentally unreliable, what are the pros and cons of becoming guardian? She lives in WV; I live in another state.
Answer: Thanks for your question. Becoming Guardian is very expensive, time consuming, and supervised by the courts.
The advantage of having a valid power of attorney is that you have the power to act quickly without court involvement.
The court system in Florida (where I practice) will not usually allow a guardianship when estate documents have been prepared to avoid being declared incompetent.
Joseph F. Pippen, Jr., Attorney at Law
Law Office of Joseph F. Pippen, Jr. & Associates
Largo, Florida 33771