Legal Question in Family Law in Texas
My cousin is 85 years old and has no other living relatives except for me. She has alzheimers and is in a retirement home. Years ago she adopted this attorney when he was 40 years old who is also the person she appointed to take care of her in her old age. We don't know why she adopted him other than maybe he told her legal matters would work better this way, save on expenses or maybe it looks more legal when he starts to do some of the things below.
I'm not sure he is acting in her best interest. He has already gotten 2 of her jaguar cars even when I offered to buy one of them. He has taken 2 of her fur coats from her house as well. I dropped in this week and he was frantically putting everything from her office into garbage bags and going through her closets and throwing away clothes that some of the family might want. She is not dead or even nearly dead. She has a good mind but just forgets occassionally.
I asked my cousin if she still trusted him and she said "No" She said she feels as though he is just waiting for her to die and just wants her money, which she has alot of! The nursing home she is in is not that nice and we would like her to be in a nicer place because she can afford it but he always comes up with excuses, probably because it will be more expensive which means less money from him in the long run.
I would like to know what my rights are as her cousin since I'm the only relative that has also been trying to look after her. The attorney doesn't want me around.
What are his rights as the person appointed to take care of her in her old age. Any other suggestions would be most appreciated!!
Thank you,
Kay
1 Answer from Attorneys
If she adopted him then he legally her son. He is legally her next of kin. She made this decision many years ago.
I cannot tell what county you live in. I live in Harris County.
You can call Adult Protective Services if you are concerned about her safety. However, it sounds like she is in a retirement home and in a safe environment. It might not be as nice as you like, however, most Alzehimer's facilities are not as like as most of us would like.
Also, if you move this lady, then you will probably find that she will deteriorate dramatically. Change is not good for someone with Alzheimer's. They need things to remain the same. Therefore, he is actually doing the right thing by not moving her.
Perhaps you should get involved in your local Alzheimer's organization. You need to learn more about Alzheimer's. Alzheimer's is a horrible disease. If you are concerned about her, then you need to visit her several times a week and make sure the staff knows who you are. I find that people that have regular visitors have been care in retirement homes. You and the other relatives need to visit at least weekly.
I suggest that you consult with an attorney familiar with probate and estate planning law and elder law issues in your county. I think that you would find this consultation to be very helpful and informative.
If you are concerned about her belongings and clothing, let me really depress you. Her fur coats are truly worthless. My mother's fur coats (that cost her over $20,000) could not be sold several months ago for $500. I tried to sell a new St. John's jacket with the tag on it ($1,500) and was offered $100. What I've learned after doing a lot of research, is that people are not buying and that the re-sale market is very soft. I have been told to just donate perfectly good furniture and belongings rather than hold an estate sale because it's not worth the time or effort! Several charities would not even come out to pick up boxes of items because they do not have room to store any more stuff in their warehouses!
I hope you find this information helpful.
I hope I've not been too harsh.
Sometimes relatives think they are trying to help when they don't know the entire story.
Perhaps her son and you should consider sitting down with an independent third party and talk this matter out. Mediation might be a possibility.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
