Legal Question in Family Law in Texas

Wow! Without talking to you directly it is impossible to really answer your questions but I will try to do so. I hope this information is helpful.

I urge you to talk to a probate or estate planning attorney or elder law attorney in person or on the phone. You really need a personal consultation because you have a complex legal situation. It is impossible to fully address all of your problems on this website.

Your father can revoke his power of attorney -- if he is mentally competent.

If he is not mentally competent, and the doctor must decide this, then it's too late for him to revoke it.

But, the power of attorney might not even be a valid power of attorney. An attorney would need to look it and make sure it is a valid TX power of attorney and that it was executed properly.

Unfortuntely, this situation arises a lot in family's.

Your father's home might need to be sold to take care of your father.

You and your siblings have no rights to this home while your father is alive --

it is his home and it is there for his benefit -- not yours or any of your siblings.

Note: If you have no where to live then you need to go to a homeless shelter or go live with another sibling or a friend.

There are different kinds of powers of attorney - one for property and one for taking care of people's health.

What type does your brother have?

Ask to see a copy of it.

Then take it to an attorney and have an attorney review it.

Did an attorney draft the power of attorney for your father?

Where did this form come from?

Who witnessed it?

Did anyone notarize it?

If you don't like what your brother is threatening to do, then perhaps all the siblings can agree what to do.

There are mediators that do mediations for situations just like yours. It's called elder law mediation. It's not very common but there are specially trained mediators that handle family situations just like your describe.

If dad is not coming back to the house, perhaps it should be sold for your father's care.

I encourage all of the siblings to talk to an estate planning attorney also called a probate attorney. There are also attorneys called elder law attorneys that handle situations for the elderly. You will need to look around. I don't know how much money your father has in his estate If it is a sizeable estate it might be worth the family hiring an elder law attorney or even a person called a personal care manager to help with your father's care.

Does your father have a will?

The power of attorney ends immediately at your father's death. Then the will immediately goes into effect.

Look on this website or on www.avvo.com for an attorney.

If you have no money, call Houston Volunteer Lawyers at 713-228-0732. I think you live in Harris County Texas based on your zip code, perhaps they can help you for free.

I am sorry that your family is going through this problem. It is a common problem when siblings fight as their parents age. It is sometimes better for siblings to separate and get away from each other.

I hope this information has been somewhat helpful.

Good luck!