Texas Elder Legal Questions

I assume there is no power of attorney that authorizes you to take this action.  In order to place her as you state in your question, you will have to file for and be appointed as the guardian of her person.  This is, particularly, required if she is resisting.  You will need a court order appointing your husband or one of his siblings, if he has any, as Guardian of her Person, you can then use the Letters of Guardianship to place her.  Letters of Guardianship evidences your court authority to act. Depending on the county she lives in, the procedure will be slightly different.  Also, depending on the county, we can help you obtain a guardianship. Sincerely,  Kevin Spencer (214) 965-9999 www.spencerlawpc.com... Read More

Thank you for posting your question. I hate that your friend is in this situation. Your best bet will be looking at Legal Aid of Northwest Texas. The website is as follows: http://www.lanwt.org/ They have offices in the Dallas area. Unfortunately, your friend has very few legal options available to her. Foreclosures are almost impossible to overturn and the eventual eviction is equally difficult to prevent. Usually these problems must be resolved before the foreclosure sale. Even still, there may be business solutions through which an attorney may guide your friend. Those would involve repurchasing the home or leasing the home. Depending on the circumstances, too, there could be surplus funds that can be accessed following the foreclosure sale. If so, that may be helpful in paying rent for a few months. Best of luck to your friend.... Read More

Yes! Since your mother is of sound mind, your mother can revoke some or all of any power of attorney at any time.  She can revoke part of your brother's power by giving you the power over the one account, which would be a later power that conflicts with an earlier power.  She can modify all of it by signing a new power of attorney.  She can revoke the prior power of attorney altogether without giving anyone else a power. The form of the power of attorney is not as important as its content.  Let your mother decide how she wants all of this to operate and have her update her estate planning documents, namely, the powers of attorney as soon as possible. Sincerely, Kevin Spencer (214) 965-9999 www.spencerlawpc.com ... Read More

Yes - you can file suit to set aside all of those transactions if your Father was incapacitated at the time.  Of course, you will have to have evidence to support that position on top of medical records that support it as well.  We do this very often in our practice.  Causes of action are a lack of testamentary capacity relating to the Will, a lack of mental capacity relating to the accounts, gifts and transferring of property or money pre-death and/or undue influence causing your father to do something he would not have otherwise done, but for the influence.  Again, you will need to have evidence to support all of the above.  Evidence can usually be accumulated during discovery, but it is good - even a necessity - that you know or have a good idea the evidence exists before filing suit.  I hope this helps. Sincerely, Kevin Spencer www.spencerlawpc.com ... Read More

It is unclear whether your mother is allowing you and your sister to make decisions on her behalf, but if she is open to this, you may need a Medical Poewer of Attorney for her so that you can make decisions about her health and continued care. If she is unwilling to do this, you may need to consider a guardianship proceeding. This is a lengthy and expensive process, but it will essentially make you your mother's legally authorized care giver. For more information about guardianships, please go here: http://texasguardianship.org/guardianship-information/guardianship-basics/guardianship-process-2/... Read More

It sounds like your mother may need to consider a Durable and Medical Power of Attorney to allow you and your brother to handle her affairs and potential medical needs. This is essentially a document that would allow you to pay her bills, direct her medical care, and act on her behalf. As long as she is able to understand what is happening, this is probably going to be your best choice for the continued care of your mother. If she is unwilling to sign power of attorney documents, you may need to seek guardianship over your mother. This is a quite lengthy process wherein the court appoints someone (usually a family member) to take care of the physical and financial needs of an elderly or disabled person. For more information about guarianship, please go here: http://texasguardianship.org/guardianship-information/guardianship-basics/guardianship-process-2/... Read More

You have rights in relation to your mother, seeing her and maybe moving her, but you have to take action.  Sounds like your mother is probably in need of a guardianship.  Because your mother is in Minnesota, you will have to hire an attorney in Minnesota; a Texas attorney cannot help you, unless that person is also licensed in Minnesota.  The laws in each start are different and, in some cases, can be vastly different, so it does not serve you to get advice regarding Texas law for a Minnesota guardianship issue.  My advice is to search for a Minnesota attorney as soon as possible. Sincerely, Kevin Spencer www.spencerlawpc.com P.S. - It looks like you have two other question posts regarding the same issue, so my advice would be the same for those as well.... Read More

Too late, unless she recovers.  You will need to file for Guardianship over her, and unless you know what you are doing, you will have to hire an attorney to do it for you.  Good luck. BUT, watch for nursing home neglect.  It is AWFUL.  Bed sores, contracture, dehydration.  Check on her eaved.  Call me if you need me.  Helen Bergman, I'm in Houston, but can tell you what to watch for with regard to her care.... Read More

You should seek out an attorney who practices in the field of guardianship in Maryland or the attorney who helped your father set up the guardianship. He or she will be able to help you with the transfer. Because guardianships are supervised by Courts, you will likely need a guardianship attorney in Texas to help you initiate guardianship proceedings in Texas.  ... Read More