Legal Question in Elder Law in Texas

Parent Declared Incompetent

My Mother is 83 years old, and even though she agrees that she will stop, she continues to give large amounts of money to one of her nieces & the nieces husband. The niece is 57 yrs old. As of this date she has given her around $37,000.00, that we know of. We have talked & talked to the niece to get her to stop, but she won't,telling us,it is non of our business, that it is between my Mom and her.Just yesterday, we found out that the niece took Mom to the bank, and Mom gave her $2,500.00. We have had to pay out of our own pockets,my Mom's taxes, medicine,etc. We don't mind helping her, but not while she is giving all her money to this niece and her deadbeat husband.We are not looking to get her money when she dies, we just want her to use it for her expenses.We have all tried to make her understand that my husband & I are not rich, and we cannot afford these added expenses, while she has her own money to use.We still have a daughter, 16, who is at home with us,& we are putting her through school.

I would like to ask,if there is a way,that we can have her declared incompetent, or something, so we can protect her from giving it all away to these people. If we can do this, what is the prcedure ?


Asked on 11/09/04, 12:28 pm

1 Answer from Attorneys

Loyd Wright Loyd H. Wright

Re: Parent Declared Incompetent

Obtain a doctor's opinion and seek a guardianship if he or she confirms her incapacity.

See www.texasprobate.us or

www.texasprobate.com

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Answered on 11/09/04, 2:57 pm


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