Guardianship

State: Nevada. I discovered last fall that my aunt's Trustee/Power of Attorney was self dealing. I was named as alternate for these roles. I found an elder lawyer and set about having the self-dealer removed. I suggested she have a Trust Company, as I was not prepared to handle her finances. As my aunt is quite old and has very bad short term memory it was necessary to have her competency evaluated. She was found not competent to handle her affairs. The lawyer suggested a Bank to be trustee and things began to move forward. I signed a document waiving my right to be Trustee and appointing the bank. This went to Guardianship court. Unfortunately until this month I didn't understand the ramifications of Gruadianship (the bank is now Guardian), and the lawyer did nothing to explain this to me. Now I find my aunt's affairs are completely in the hands of a bank (and a woman that I would never have chosen) and the lawyer (who represents both my aunt and the bank). Though I gave up my right to be Trustee, I never signed a document waiving my right to be Durable Power of Attorney, Executrix or Durable Power of Attorney for Healthcare (which has since been reinstated)--though I also, out of ignorance, did not object to these things when they went to Guardianship court. Do I have any recourse. And, yes, I was very dumb.

Guardianship trumps Power of Attorney

In Oklahoma, a Guardian of the estate of an incapacitated person who is appointed by the court replaces (revokes) a Power of Attorney. Court oversight of the estate is really preferrable to an attorney-in-fact (Power of Attorney) who has nobocy looking over their shoulder.