What do we need to do to obtain Power of Attorney, for banking/bill paying, if elderly father does not want to take this step?
1 Answer from Attorneys
A Power of Attorney must be given. It cannot be compelled, and if your father does not wish to execute one, nobody can force him to.
If, however, your father is incapable of handling his own financial affairs, the story is different. If your father, in the medical opinion of a doctor, can no longer handle these things, it may be time to consider guardianship. Guardianships are last resorts. They are imposed by a court with probate jurisdiction when there is no other alternative that is less-restrictive upon your father's individual rights. When nothing else will protect your father from outside elements, or even from himself, guardianship is what you go get.
I see that you are posting from Texas, and there are many very experienced and qualified guardianship lawyers in our State. If you like, I would be happy to visit with you, although my practice is limited to the Dallas / Fort Worth area. You might also visit my office's website: www.jbrianthomas.com, which includes some basic information regarding guardianships. My website also includes all of the methods by which you may contact me if you wish to discuss your particular issue further.
Related Questions & Answers
-
If I have a active financial durable power of attorney can my fathers new wife be... Asked 5/25/11, 4:45 pm in United States Texas Elder Law
-
I have a child that has taken my father-in law car that he bought for us kids to... Asked 4/14/11, 3:42 pm in United States Texas Elder Law
-
Hello, I have a copy of a stuatory durable power of attorney for my father. It... Asked 3/25/11, 6:23 pm in United States Texas Elder Law
-
My Mother is in a nursing home and is now on Hospice. She has Medicare and Medicaid.... Asked 3/17/11, 9:30 pm in United States Texas Elder Law
-
How do I get a conservativeship for my mentally handicap ex-wife. She has been... Asked 3/16/11, 3:17 pm in United States Texas Elder Law