Legal Question in Family Law in Texas

Re: Child wants to revoke thier POA over parent

A complete explanation of Powers of Attorney is beyond the scope of what I can do in this limited space.

In short: A Power of Attorney gives you the RIGHT to act on behalf of your father in certain circumstances, NOT the OBLIGATION to.

Re: Child wants to revoke thier POA over parent

You need to contact each person/company that you used the power of attorney and let them know that you are no longer his power of attorney.

For example, if you have a joint bank account, you need to contact the bank and find out how to get your name off the account.

Since a power of attorney is not filed with a court, there is no legal proceeding to stop it.

You should probably write your father a letter and mail it certified notifying him that you don't intend to act as his power of attorney any longer. You should also write each company/person via certified letter that you are no longer his power of attorney.

If he is using poor judgment, you need to consider that perhaps he is no longer mentally competent. If you can get him to a doctor to evaluate him, it would be helpful.

There are many agencies to assist with the elderly. They are often taken advantage of and abused. Many adult children have a tough time dealing with the changes in their parents behavior.

From my own personal expererience, it can be difficult to watch your parent make poor decisions or begin acting hostile. When he realized that he was "slipping" he started to avoid me so that I would not notice. It turned out to be Alzheimer's. I wish I would have known sooner to protect him. He lost the bulk of his money by con-artists before I took over.

Good luck!

Fran Brochstein

www.familylaw4u.com

713-847-6000