Legal Question in Elder Law in Texas

Proving Seniors Incompetent

Is it possible to have a parent proven incompetent so that you can manage their affairs, especially their finances and living expenses? Do you have to be blood related? What if it is your step father and your mother and he both are 70 years old and the mother relies solely on him for support. They live on social security. He isn't paying the household bills and bounces checks like a madman.

If so what is the procedure to have this done? We can locate his next of kin to assist, but will be quite difficult to locate, he only has one daughter and 2 grandaughters and they don't speak to him or anything.


Asked on 3/06/07, 1:56 pm

1 Answer from Attorneys

Loyd Wright Loyd H. Wright

Re: Proving Seniors Incompetent

Yes, by obtaining a doctor's letter opining as to incapacity and making application for guardianship in the appropriate county court. However, if the only assets are social security payments one could also seek to become representative payee for those payments and deposit and use those payments for the sole benefit of step father and mother.

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Answered on 3/06/07, 2:14 pm


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