The appointment by the Court of a New York guardian does not revoke a durable power of attorney. Therefore, the agent may continue to exercise the powers granted by the durable power of attorney as if there were no guardian.
If there is suspicion that the power of attorney was made while the principal was incapacitated, or that the agent is abusing the authority granted by the power of attorney, the Court has the authority to revoke the powers of attorney upon presentation of clear and convincing evidence that the power was improperly granted or is being abused.
The Court may choose to revoke, modify, or amend the powers granted to a proper agent. The Court may also invalidate any improper actions taken by said agent. The agent is personally liable for any fraud or abuse that he or she committed against the principal.
If you or a family member need assistance with power of attorney me at (716) 542-5444.