Legal Question in Family Law in Texas

my father has been in the hospital for a month...he is completely incompetent.my aunt says she has authorization on his finances (bank Accts) she will not give me any information what so ever is there anyway I can do something about this


Asked on 4/06/12, 8:05 am

1 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

You could try to petition for a guardianship. That's not an easy process, though, and if he gave your aunt power of attorney over his financial affairs (if that's actually even what he did), then I'm sure her argument would be that that was an indication that she was the one he wanted taking care of him. Depending on the specific situation, the court might it might not go with her on that, and it's also possible that the court could decide to split the guardianship duties (say by making your aunt guardian of his estate, so she'd take care of his finances, and you guardian of his person, so that you'd take care of things like ensuring his medical and personal needs were met). That doesn't necessarily work too well when the co-guardians are at odds with each other, though. I'd recommend that you call around and find some attorneys to speak with who practice in the county where your dad lives and handle guardianships, so that you can get a better idea what your options might be--there could well be a better solution out there I haven't thought of. Good luck.

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Answered on 4/06/12, 8:16 am


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