Legal Question in Criminal Law in Texas

Do i have a case if someone you know files a power of attorney over your parent without the siblings knowing about it or without giving permission


Asked on 7/25/15, 8:55 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

A power of attorney is a document where one person grants to another the authority to act for them in certain situations all described in the the document. Sometimes these documents are filed in the county records, sometimes not.

Your parent has to sign the power of attorney. If the parent did not sign the power of attorney, it is not effective. Also there may be a criminal act involved such as fraud or elder abuse. You should contact your local district attorney in this situation.

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If the parent did sign the power of attorney, they have no duty to notify you, nor does the attorney in fact.

If your parent is incapacitated, they probably did not have the capacity to execute the power of attorney. You or one of your siblings can apply to the local probate court for a guardianship, which would terminate any power of attorney. Find a local probate lawyer to help you with this.

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Answered on 7/25/15, 10:23 pm


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