QUESTION
How crucial is it for me to be in person, to hire a lawyer out of state?
Asked on Apr 01st, 2019 on Guardianship and Conservatorship - Texas
More details to this question:
My 90 yr old Dad recently entered assisted living, as he can no longer live alone. I have POA, although I live in Texas, and wish to file for guardianship. I also have a POA for medical purposes, and was made executor of his will. He has a family trust fund in one bank, which I cannot access due to the fact he never completed making me a trustee. He also has a trust fund at a military credit union which allows me as POA, to write checks, as long as I contact the CU and ask that money be transferred into checking, to allow for that. In the mix, there are siblings who don't like that I have POA, which they've known and were okay with up until my Dad was placed in assisted living. I just want to ensure I can pull money out to pay for where he's living now (and to pay for everyday items not included in rent) and pay house bills (no one lives there, but utilities are kept on so out of town sibling can stay upon visiting my Dad).
1 ANSWER
2 Awards
If the medical and financial POAs are valid, your only apparent need for a guardianship is to access the trust. However, your father will not need to be put under guardianship unless he lacks legal capacity to manage his own affairs.
Guardianship proceedings are held in the county where the person resides. The application is filed by a lawyer who practices there. The person applying to be guardian must appear before the judge.
Answered on Apr 02nd, 2019 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.