Catheryn Koss, executive director of the Senior Law Resource Center, discusses Oklahoma laws related to guardianship. Q: How would Senate Bill 1304 affect Oklahoma laws related to guardianship and durable powers of attorney?
A: This bill would clarify the relationship between a guardian and a person who has durable power of attorney. If it passes, if a guardian is ever appointed, any durable power of attorney that may have been in effect earlier would be automatically terminated.
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Business Q&A with Catheryn Koss
If this is the case, SB1304 should not pass. A DPoA obiates the need for guarianship and should trump guardianship proceedings!
ReplyDeleteAgree Betty.
ReplyDeleteSB1304 should be defeated!
I agree. Why have a POA or DPOA? In IL the POA is durable with language who will be appointed Guardian IF the need arises. Any wonder people are under the impression they are protected when in fact they are not.
ReplyDeleteThis is scary. I'm glad I don't live in OK!
ReplyDeleteShe & OK are in the Dark Ages.
ReplyDeleteI can't comment without reading the Bill. Does due process exist in OK? Due procesws, if there is a challenge to capacity at time of execution, requires a full-blown hearing, on notice.
ReplyDeleteThis bill should NOT pass . In Cook County (Chicago), IL, there are cases where POAs were removed during predatory guardianship proceedings. The wishes of the wards were ignored, third party guardians were appointed, and the estates were depleted with guardian's fees.
ReplyDelete