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When Does a Guardianship Trump a POA? A guardianship could override a power of attorney if the document was not created before a person became incapacitated. The purpose of a guardianship is to appoint an individual to care for a person who cannot care for themselves.
A guardianship is typically a temporary arrangement that establishes legal custody for the child's current caregiver. Unlike in adoption, parental rights are not terminated in guardianship; a parent can file a petition to terminate the guardianship and regain legal custody of their child at any time.
How is a Guardianship/Conservatorship Created? For a guardian/conservator to be appointed, either a potential guardian/conservator or a person wishing to nominate another person to be guardian/conservator must file a petition request appointment with the court.
If a guardian feels that they cannot complete all the duties required of a guardian, they should notify the court, and they will appoint a new guardian. If the current guardian wants to resign or transfer guardianship, the court may appoint a new guardian.
Typically, an emergency guardian is appointed by filing an emergency petition for guardianship. Such an order may be in effect for up to 72 hours. If the emergency continues, the emergency appointment of a guardian may be extended for up to 20 days from the expiration of the original emergency order.