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J
jadavis Asked June 2016

Can I have POA for my Dad if he's already got a court appointed fiduciary and conservator?

The VA assigned my dad a conservator around 20 years ago when I and my siblings were still teenagers. Since then, my dad had a stroke and his conservator will only go through my dad who no longer has a mental capacity to understand things he's asked to sign and review. I just want PoA to review things my dad is asked to review and sign. Will a PoA force his conservator to include me?

icaredou Jun 2016
No a Conservatorship voids an existing PoA. A new PoA would not be valid because you dad's lack of capacity as indicated by his being conserved. Your dad can request a change as to the person that is his conservator. Now that you are an adult, you MIGHT be able to become your dad's conservator. Unfortunately, Probate Courts appear to be extremely biased against families but it might be worth a try.

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