[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.phoenixlawteam.com\/blog\/does-guardianship-override-power-of-attorney-in-arizona\/#BlogPosting","mainEntityOfPage":"https:\/\/www.phoenixlawteam.com\/blog\/does-guardianship-override-power-of-attorney-in-arizona\/","headline":"Does Guardianship Override Power of Attorney in Arizona?","name":"Does Guardianship Override Power of Attorney in Arizona?","description":"Many people will execute a power of attorney to give a trusted family member, friend, or advisor the legal authority to make decisions on their behalf, especially if they become incapacitated. Guardianship can also allow someone to act on an incapacitated person’s behalf. However, does guardianship override the power of...","datePublished":"2024-12-04","dateModified":"2026-01-07","author":{"@type":"Person","@id":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam-zach\/#Person","name":"Zachary Mushkatel","url":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam-zach\/","identifier":24,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/fd982df245bac5ca956f9a35879e7f3b6827ba255c2fba7b3af833bca79ccc76?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/fd982df245bac5ca956f9a35879e7f3b6827ba255c2fba7b3af833bca79ccc76?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Mushkatel, Gobbato, & Kile","logo":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","width":459,"height":157}},"image":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2024\/12\/disabled-senior-signing.jpg","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2024\/12\/disabled-senior-signing.jpg","height":627,"width":1000},"url":"https:\/\/www.phoenixlawteam.com\/blog\/does-guardianship-override-power-of-attorney-in-arizona\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=Np1QamqMXTU#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=Np1QamqMXTU","name":"Arizona Guardianships: The Basics And How We Can Help - Mushkatel, Gobbato, & Kile","description":"In this video, attorney Emily B. Kile goes over the very basics of Arizona guardianships and how our firm can assist in the Court process.\n\nMushkatel, Gobbato, & Kile, P.L.L.C.\n15249 North 99th Avenue\nSun City, Arizona 85351\n(623) 889-0691","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/Np1QamqMXTU\/default.jpg","https:\/\/i.ytimg.com\/vi\/Np1QamqMXTU\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/Np1QamqMXTU\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/Np1QamqMXTU\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/Np1QamqMXTU\/maxresdefault.jpg"],"uploadDate":"2024-11-13T13:18:24+00:00","duration":"PT1M5S","embedUrl":"https:\/\/www.youtube.com\/embed\/Np1QamqMXTU","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCioMf8Qkt0yAxbSIoUrSABg#Organization","url":"https:\/\/www.youtube.com\/channel\/UCioMf8Qkt0yAxbSIoUrSABg","name":"Mushkatel, Gobbato, & Kile, P.L.L.C.","description":"Mushkatel, Gobbato, & Kile, P.L.L.C. we bring a service based approach to clients. Your legal needs are our top priority, and the diverse backgrounds and skill sets of our lawyers ensure that your needs will be met with expertise.\n\nMushkatel, Gobbato, & Kile, P.L.L.C.\n15249 North 99th Avenue\nSun City, Arizona 85351\nhttps:\/\/www.phoenixlawteam.com\/\n","logo":{"url":"https:\/\/yt3.ggpht.com\/9FCEVHzqd4cqF1QwqjqAxPxoa8vbQFxRyqZvKWnR6nqStm_MobEonCmQjtMdKcZK0-NhtiAk=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=Np1QamqMXTU#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=Np1QamqMXTU#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=Np1QamqMXTU&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=Np1QamqMXTU#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":13}]]},"about":["Guardianship"],"wordCount":1179,"articleBody":"Many people will execute a power of attorney to give a trusted family member, friend, or advisor the legal authority to make decisions on their behalf, especially if they become incapacitated.Guardianship can also allow someone to act on an incapacitated person’s behalf. However, does guardianship override the power of attorney when the subject of guardianship has already executed a power of attorney?Power of attorney is a private agreement between a principal (the person who granted power of attorney) and their agent\/attorney-in-fact (the person given power of attorney).Because courts establish guardianship, it can supersede the authority granted under a power of attorney. Courts typically establish guardianship to override power of attorney when the principal already lacked legal capacity when they executed it or when the agent has misused their authority.\u00a0Table of ContentsWhat Is the Difference Between Guardianship and Power of Attorney in Arizona?What Reasons May Allow a Guardianship to Override Power of Attorney?What Is Required to Establish Guardianship in Arizona?How Do You Override Power of Attorney as a Guardian?How Can an Arizona Guardianship Attorney Help?Contact an Arizona Guardianship LawyerWhat Is the Difference Between Guardianship and Power of Attorney in Arizona?Guardianship and power of attorney have several notable differences under Arizona law.GuardianshipA guardianship represents a court-created legal arrangement giving someone the authority to act on behalf of an incapacitated individual. A court can create a guardianship if it finds that a person cannot manage their affairs by themselves or with the help of trusted advisors, usually due to physical disability, cognitive impairments, or substance abuse\/addiction issues.A court may create a general guardianship, which gives a guardian authority over a person’s legal, medical, financial, and personal affairs. If the court finds that a person can make some decisions, it may order a limited guardianship, which only allows the guardian certain authorities.Power of AttorneyA power of attorney (POA) represents a private agreement between two people under which a principal gives an agent\/attorney-in-fact the authority to make specific decisions or take specific actions on behalf of the principal. A principal must create a power of attorney while they still have the capacity to manage their own affairs.The agent can act on behalf of the principal even while the principal has the capacity to take those actions themselves. However, a principal can create a durable power of attorney, which expressly continues the agent\u2019s authority should the principal become incapacitated.What Reasons May Allow a Guardianship to Override Power of Attorney?A person may create a durable power of attorney to avoid the need for guardianship if they become incapacitated. As a result, courts typically refrain from establishing guardianship over a person with a durable POA that grants the same scope of authority the court would grant to a guardian.However, courts may choose to override a power of attorney with a guardianship, such as when:The power of attorney does not grant a broad enough scope of authority to cover all the decisions the person cannot make.The principal did not have the legal capacity to create a power of attorney.The agent has misused their authority to benefit themselves at the principal\u2019s expense.The court determines the agent cannot adequately fulfill their duties.The agent has become incapacitated.What Is Required to Establish Guardianship in Arizona?To establish guardianship, a court must find that a person lacks the legal or physical capacity to make and communicate decisions regarding their legal, financial, personal, or medical affairs. A court also must identify a person capable of serving as guardian. The person must be of sound mind and over 18. In most cases, an interested party, such as a family member or friend, will petition the court to establish guardianship for a loved one \u2013 the petitioning party can also request an appointment as guardian.The court will notify the subject person and their family members of the guardianship petition and hold a hearing to allow all interested parties to argue for or against guardianship. The court will evaluate the subject person\u2019s capacity to manage their affairs and the petitioning party\u2019s fitness to serve as guardian.The court must also consider the subject person\u2019s need for guardianship when other alternatives, such as an existing power of attorney, may protect the person\u2019s interests and welfare as well as or better than guardianship.When the court finds a need for guardianship, it will appoint someone to serve as guardian and define the scope of the guardian\u2019s authority, depending on the subject person\u2019s capacity to manage some of their affairs.How Do You Override Power of Attorney as a Guardian?When the court appoints you as guardian for a loved one with an existing power of attorney, how do you override the agent’s authority under the POA? First, you may talk to the agent to convince them to step down. You may also have to convince alternate agents named in the POA to refuse the role once the current agent steps down.If any agents refuse to step down, you may need to seek a court order clarifying your and the agent’s authority or expressly overriding the power of attorney in favor of the guardianship.The court can issue an order determining the scope of the agent\u2019s and guardian\u2019s respective authority or revoking the power of attorney in favor of guardianship. Be prepared to prove that overriding power of attorney is in the principal\u2019s best interest. An Arizona guardianship lawyer can guide you through this process.How Can an Arizona Guardianship Attorney Help?An Arizona estate planning attorney from Mushkatel, Gobbato, & Kile, P.L.L.C. can help you set up guardianship for a loved one and manage your authority as guardian when your loved one already has a power of attorney by:Thoroughly investigating your loved one\u2019s circumstances to obtain evidence to establish the need for guardianshipPreparing and filing the guardianship petitionArguing in court in favor of guardianship and for the scope of authority needed to protect your loved one\u2019s interests and welfareReviewing your loved one\u2019s power of attorney and explaining the effects of guardianship on the agent\u2019s authorityGoing to court when necessary to help you revoke a power of attorney in favor of your authority as guardianContact an Arizona Guardianship LawyerWhen you need to establish guardianship for a vulnerable loved one, an experienced estate planning lawyer from Mushkatel, Gobbato, & Kile, P.L.L.C. can help you understand the effects on your loved one\u2019s existing power of attorney. Our clients say we are \u201csmart, professional, effective, and efficient\u201d and provide \u201cpeace in the middle of a very rough storm.\u201dWith a combined 50 years of experience serving Arizonans, our dedicated team has the skills, resources, and knowledge your case needs. Contact us today for an initial consultation to discuss your legal options with an Arizona guardianship attorney.Visit Our Arizona Guardianship Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.phoenixlawteam.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Does Guardianship Override Power of Attorney in Arizona?","item":"https:\/\/www.phoenixlawteam.com\/blog\/does-guardianship-override-power-of-attorney-in-arizona\/#breadcrumbitem"}]}]