Court proceedings were filed to appoint a conservator for the Principal or to determine whether the Principal is competent. How does this affect the Power of Attorney?
If a conservatorship court proceeding is begun after the Power of Attorney was signed by the Principal, the Power of Attorney may be suspended until the courts decide whether the Power of Attorney should remain in force. It is up to the court to decide whether you can continue to exercise your powers under the Power of Attorney. The courts encourage people to execute Powers of Attorney to avoid conservatorship proceedings, so it is likely that you will be able to continue to exercise those powers unless the court believes that it would be in the best interests of the Principal that someone else be appointed. The court may appoint a conservator and permit you to remain as Attorney-in-Fact. If you have the right to make health care decisions for the Principal, the court may not appoint someone to make those decisions in place of you unless you have abused those powers or the Principal was not competent when he or she executed the Durable Power of Attorney for Health Care. 7. Affidavit by
