Legal Question in Elder Law in Texas

Mother and Siblings

Mother is living with us, cancer patient, siblings trying to get her to move to a nursing home and she does not want to. I am medical power of attorney brother in law is power of attorney and exec. Can they take her to any MD and get him to say she needs to be in a nursing home and place her there? She can dress herself, take own meds and fix her own food so it is like they just want to place her elsewhere because they are mad that she is living with us - we are not charging any rent, etc but I believe that they think that we are.


Asked on 12/18/07, 4:27 pm

1 Answer from Attorneys
G Gaye Thompson Thompson & Tiemann LLP

Re: Mother and Siblings

As long as your mother has capacity, she can revoke her power of attorney at any time. NO one can force her to do anything she does not want to do, unless a doctor states that she is unable to handle her own affairs, they file for a guardianship and the judge rules that she is incapacitated. Then the Guardian can make choices for her according to the order signed by the judge. However, she can contest the guardianship and the judge will appoint an attorney to represent her in the contest. If they attempt to move her against her will, she should consult an attorney.

Gaye Thompson

elderlawoptions.com

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Answered on 12/18/07, 4:44 pm


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