2007-07-30 13:07:00 · 4 answers · asked by arthur_butler@sbcglobal.net 1 in Politics & Government ➔ Law & Ethics
not enough info has been given to really answer this
2007-07-30 13:14:27 · answer #1 · answered by Mopar Muscle Gal 7 · 0⤊ 1⤋
What is the question? If the question is what is easier to do -- a durable power of attorney or a guardianship/conservatorship in probate court, the answer is a durable power of attorney. If the question is which will be best guaranteed to be legally effective, the answer is a guardianship/conservatorship. If the question is which is better in a particular situation, you need to give more details (and probably should talk to an attorney).
2007-07-30 13:19:48 · answer #2 · answered by Tmess2 7 · 0⤊ 0⤋
Neither AND both. The probate court ONLY has authority AFTER death. The Attorney in Fact (person to whom the POA was given) ONLY has authority BEFORE death. They two NEVER had authority at the same time
2007-07-30 13:24:05 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
StevenF is correct.
The two are completely different, both in terms of how they operate and what their scope of authority is.
2007-07-31 01:57:24 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋