Legal Question in Criminal Law in Texas

My father relinquished rights of my sister and I when I was 7 yrs. old. I am now 33 and have had always been acknowledged as his daughter. He was recently placed in a nursing home and is incapacitated. My brother, who is 24 was living with him, but he was placed in the nursing home because the home health care agency thought he was intentionally neglecting him. I live 4 hours away and all my Dad's brothers and sisters called me to decide what to do with Dad's house and personal property. Since moving my Dad, my brother has stolen guns from Dad's house, as well as appliances and such. Is there anything I can do to keep him out of Dad's house (change the locks, post no trespassing signs, etc) even if I don't have POA? Also, can I press charges on him for theft on Dad's behalf? HELP!!!


Asked on 3/04/11, 8:19 pm

1 Answer from Attorneys
Mark Di Carlo Mark A. Di Carlo

From the bit you say you do not appear to have any legal rights: "acknowledged as his daughter" has no legal meaning that I know of. I have not specifically researched this however.

Any citizen can make a police report on any crime, and I believe you have the legal obligation to report any crimes that you know of.

Also, I believe you can refer any abuse of the elderly to the appropriate state agency. I believe in Texas that would be Texas Department of Family and Protective Services (DFPS).

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Answered on 3/05/11, 11:46 am


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