QUESTION

Can I win guardianshipand conservatorship of my father?

Asked on Jun 16th, 2019 on Guardianship and Conservatorship - Texas
More details to this question:
My father is dying. He has his girlfriend of 20 yrs at his side. He lets her write checks on his account and sign his name. He also wants to change his will and put her as executor. Currently I am executor and estate goes to me and my brother. Can I win a challenge over this? Can I win comservatorship before she writes away all his money?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
An application for guardianship of the person and estate, filed by an Approved Guardianship Attorney, must be accompanied by a Physician's Certificate of Medical Examination which shows that the person is no longer mentally capable to provide for his own food, shelter and medical care or manage his own finances. If your father has granted someone a Durable [Financial] Power of Attorney, no guardianship of the estate should be necessary unless that person is robbing him. If the girlfriend is not your father's agent under a Durable Power of Attorney and bank records do not show that she is authorized to sign checks as a convenience or joint signer, alert the bank and see an attorney about possible elder exploitation, forgery and fraud.  You can find a local elder law attorney using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)   Please note that many people under a guardianship still retain legal capacity to make a Will.        
Answered on Jun 17th, 2019 at 5:08 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.

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