Legal Question in Family Law in Texas

My 1st cousin, who was legal adopted by our grandmother when we were 6 months old has signed a Medical Power of Attorney over to a friend who she has only known 2 years. My mother and I are her only living relatives. The "friend" knew nothing of my mother and I until the day before she went on the ventilator. Once we found all this out I have been by her side for the last week. I have asked to see her kids ( my cousins) and she will not tell me where they are. They are moving her things into storage from her house, so I asked to get the urns of our grandmother and grandfather and she said No, I told her they do not belong to her or in a storage, they belong with family. What can I do to get to see the children and get the Urns?


Asked on 11/15/10, 10:40 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I'm confused. A medical power of attorney does not control things in her home. A medical power of attorney controls her medical decisions that is all.

A power of attorney for business decisions is a totally different legal document.

You might want to contact your local sheriff, constable or police about her home and her possessions.

You might also want to contact a local attorney that handles probate, wills or elder care regarding these matters. You need to know your legal rights and your family's legal rights.

You might also want to talk to support staff in the hospital. Their titles might be "family counselor" or something like that. Perhaps they can refer you to the right agency in your area or even attorney to assist you.

You might also want to contact Adult Protective Services.

Unfortunately, many families end up in court fighting over possessions. As a last resort, you might have to go to court and have a judge decide who "owns" what property.

Good luck!

Happy Thanksgiving.

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Answered on 11/20/10, 7:23 pm


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