If the proposed ward has executed a valid durable power of attorney or durable power of attorney for health care that remain in effect, the applicant must file true and accurate copies of the powers of attorney with the application for appointment as guardian.  At the hearing, the applicant must present satisfactory evidence of why one or both of the powers of attorney are ineffective in meeting the ward’s needs.  The Court establishes a rebuttable presumption that valid durable powers of attorney are less restrictive alternatives to guardianship.

If the Court appoints the guardian, and the guardian is also the designated ward’s agent under a valid durable power of attorney or durable power of attorney for health care that remain in effect, the Court may order that one or both powers of attorney are deemed terminated and void, or may order that one or both powers of attorney remain valid and effective for purposes that the Court directs.  If the guardian is permitted to use either or both powers of attorney the guardian is accountable as may be expressly ordered by the Court for all activities undertaken as agent under the powers of attorney.

If the Court appoints the guardian, and the guardian is not the designated agent under a valid durable power of attorney or durable power of attorney for health care, the powers of attorney are automatically deemed terminated and void, unless the Court orders otherwise.