QUESTION
Can I be added to a poa
Asked on Oct 31st, 2020 on Guardianship and Conservatorship - Texas
More details to this question:
My sister in law filed for a poa for my husband to secure financial records for him to remain in a long term nursing facility and now she has changed all of his banking info without consulting with me first I want to be added to the poa or file for guardianship of my incapacitated husband
1 ANSWER
2 Awards
Only your husband can appoint an agent or co-agent under his POA.
If he lacks legal capacity to do so (for a financial POA this is the same level of legal capacity that he would need to contract), you should seek a guardianship. Your local probate court and state bar should have a list of lawyers who are Approved Guardianship Attorneys.
If you are afraid that there may be some funny business, as your husband's heir you can also ask the local probate court to examine the actions your sister-in-law took as your husband's agent.
If money is flying out the window, you can also file a Motion for a Temporary Restraining Order and report to Adult Protective Services.
Answered on Nov 01st, 2020 at 5:09 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.