Legal Question in Criminal Law in Texas

My Mom & Oldest brother are buying this house,and I've been taking care of my Mom for over 15 years now.after about 6 months passed my brother hired an attourney in order to become my Moms Legal Guardian. then after a year he filed an eviction notice on me telling me to pack my stuff and get out.There has never been a verbal or written agreement ,other than me being the son of my Mother,and i take care of her everyday.Her Dr. diagnoised her with senile dementia and someone has to be with her 24/7. and that's what I've been doing for over 10 years.I got a certified letter that was served on me, and it stated I had to pack my belongings and vacate the premises with in 10 days od the receipt of the letter.I had previously made arrangements in another county to serve a traffic citation,which I had to turn myself in and serve 7 days.during that time I was served with another letter but was incarcerated and couldn't sign for it so My brother did,then dropped it in my mothers mail box.he said he could do that being my mom's legal gaurdian.he then changed the locks and threatened to have me locked upfor criminal tresspass if I set foot on the property,and told me I'd never be able to see nor talk to my mom ever again . can he get away with all this ?


Asked on 8/24/09, 7:06 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Your brother has the right to sign for your mom if he is her legal guardian. He would only have the right to sign for you if he were your legal guardian.

Here are some options.

1. Report your brother's unauthorized signature to the post office and to the District Attorney.

This may get him charged or convicted of forgery.

2. Hire an attorney to have your brother removed as guardian, and to have the court replace you as guardian.

3. Sue your brother for forging your name.

I am not sure that any of these will be helpful. If your brother is removed as guardian, and you do not qualify - who will take care of your mom?

Before you do anything, hire a local attorney to review this situation with you.

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Answered on 8/24/09, 11:11 am


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