Legal Question in Family Law in Texas

Hello. I need some direction in the area of my brother-in-law who is 43 years old with a diagnosis from birth of autism, cp, mental retardation. We are trying to help our parents get all of their legal affairs in order. They have a will that does not include this child. They have been directed not to obtain guardianship of him, but to get a power of attorney over him. I am concerned because any of the power of attorneys that I have seen have to be signed by the person in a stable state of mind or they are void. There is a good size estate involved, but nothing is left to this child and parents are not his legal guardian - he is considered a ward of the state. He does live with them and is cared for by them, but has no assets in his name and only received Medicare and Medicaid and my mother is his designated payee (she signs his check for him every month). Any advice. We will be going to an Estate Attorney very soon and need to make sure that the state will not be able to come in on any of the assets that are left to the only other sibling.

Asked on 8/12/09, 7:43 pm

Edgardo Baez The Baez Law Firm, P.C.

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0 attorneys agreed

Your facts, as stated, are not very clear. Perhaps you need to ask your attorney?

Answered on 8/14/09, 4:04 pm

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