Legal Question in Elder Law in Texas

new wife abusing,neglecting my father in law

My 71 yr old father-in-law has been in and out of the hospital and nursing home several times in the past 2 years. Secretly married a 52 year old woman last August,who, when Dad was at home, was buying him alcohol, never fed him, never took critical meds and never assisted him to the bathroom to bathe. Dad fell and was found by paramedics lying in his own urine and feces while wife was nowhere.

We reported the matter to the APS, said they could not do anything unless Dad is diagnosed as mentally incompetent. Same answers gotten from social workers at hospitals/nursing home. Dad has been alcoholic for 25 plus years but seems to be alert and oriented when not drinking. We just found out yesterday that she has been forging Dad's checks and using a supposedly lost credit card to it's max balance on a daily basis. The house they live in is a mess with no heat, no safe place for Dad to walk using his walker.

Who will declare Dad incompetent ?

Does the wife automatically gets guardianship of everything even if we have a criminal case against her? The sons want guardianship of person and estate before it's too late. The worst thing is Dad does not realize he is being exploited by his new wife with criminal recod in the past.

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