Legal Question in Elder Law in Texas

Power of attorney

My husband has power of attorney and medical POA. of his mother. She uses a walker and is no longer able to drive her own car.If there was a fire in our home or hers God forbid she would not be able to get out fast enough to safety. She does not need to be alone but she refuses to have anyone move in with her. She wants to go to her home alone. Question is can my husband invoke POA at this time and what is the process. How does he do that.


Asked on 1/03/08, 11:13 am

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Power of attorney

Powers of Attorney are to help people manage their affairs..so in my opinion one has no right to control where anotehr lives or how...with a POA but if one is in need of care and cannot manage own affairs, a caregiver can go to Court for a guardianship..it is epensive and Courts require accounting, etc....When one is older, they are not necessarily helpless...and Courts are hesitant to force acceptance of guardians..

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Answered on 1/03/08, 11:57 am


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