Legal Question in Family Law in Texas

Power of attorney

My mom's first-cousin is currently in the critical care unit of a hospital. They are very close (ie. sister/brother). He cannot talk very well now, and is heavily sedated. At times (whenever he is awoke) he can answer simple questions by nodding his head for ''yes'' and shaking his head for ''no''. Before his condition deteriorated, he asked my mother to take care of his financial affairs while he is hospitalized. This was requested in the hospital room, in the presence of both his son and daughter, who each have different mothers (both mothers are deceased). Both childeren are adults. The youngest grew up mainly in his father's house, while the oldest (daughter) was raised by her deceased mother. He told my mom where to find his check book and how much was in his bank account. He also informed her how he wanted his funeral arrangements to be carried-out. My mother has been taking care of his finacial affairs since this time. His son, after requesting one of his father's credit cards and being denied, has questioned my mom as to who actually has power of attorney. He has a safe deposit with my mom listed as one of the people with access to it, but she has not checked its contents for legal documents. Who has power of atty?


Asked on 10/17/05, 1:45 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Power of attorney

If he's still competent, he can still sign the required legal papers.

YOU NEED A PROBATE LAWYER QUICK!

He needs to do --

1. POWER OF ATTORNEY FOR FINANCIAL AFFAIRS

2. POWER OF ATTORNEY FOR HEALTH CARE

3. DIRECTIVE TO PHYSICIAN AKA LIVING WILL IF HE WANTS ONE

4. DESIGNATION OF FUTURE GUARDIAN IF ONE IS NEEDED

5. A WILL

6. DESIGNATE A PERSON TO HANDLE THIS BODY AND FURNERAL ARRANGEMENTS AFTER HIS DEATH

GOOD LUCK!

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Answered on 10/18/05, 7:58 pm
James Grissom Law Office of James P. Grissom

Re: Power of attorney

I don't see that anybody has a power of attorney. A POA is a legal document signed and notarized before witnesses - then filed in the courthouse. Your narrative didn't indicated that any of these requirements was fulfilled.

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Answered on 10/17/05, 6:25 pm


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