My sister is mentally challenged. I take care of her bills that need to be paid. I need to understand how it works. I would like to have power of attorney in case something were to happen to her so I could take care of her finances.
If she is mentally challenged to the point that she could not enter into a contract to buy a car or lease an apartment, she lacks legal capacity to sign a Durable Power of Attorney (though she may have enough capacity to sign a Medical Power of Attorney, naming someone to speak for her when she cannot communicate). You will then need to seek guardianship. Your county probate court and the State Bar of Texas have lists of Approved Guardianship Attorneys. Note that many practice in counties surrounding that in which they are registered and some practice statewide.
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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