QUESTION
my mother is unable to make decisions for herself due to dementia, we do not have a durable poa, what are the steps we need to take. thank you
Asked on May 21st, 2018 on Elder Law - Texas
More details to this question:
She has dementia, alzhieimers, but never diagnosed, had a psychotic episode this weekend and was taken to ER, my brother has medical poa, but mental health does not recongnize POA's , so they had to do an EDO, to Oceans, we need to get a durable poa, to handle her affairs, etc...
1 ANSWER
2 Awards
If your mother's dementia is advanced, she likely lacks legal capacity to grant either a Durable [Financial] Power of Attorney or a Medical Power of Attorney. Search "Approved Guardianship Attorneys" on the State Bar of Texas Find a Lawyer website and talk to one (or more) in your area. You will need to file for guardianship or her person and possibly of her estate. For this you will need a Physician's Certificate of Medical Examination (PCME). You can download the form from the webstite of the Travis County Probate Court. Please note that while guardianship will allow you to consent to medical treatment, including psychiatric treatment, it will not allow you to involuntarily commit your mother. For this there must be a mental health commitment.
Answered on May 29th, 2018 at 4:43 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.