Legal Question in Family Law in Texas
My mother is married to my father for 53 yrs. However, they are currently separated. My mother has given my niece full Power of Attorney over her. My mother suffers from mental illness, and is a diabetic. My niece now has nothing to do with my mother. She is also on my mother's bank account and has over drawn the account by hundreds. My mother lives off of her SSI. What can be done asap.
1 Answer from Attorneys
Take your mother to the bank and have her taken off the bank account. Talk to the people at the bank about your options. Unfortunately, since the person was an authorized user on the account there might not be anything that can be done.
Your mother needs to revoke the Power of Attorney she established giving the person power to act on her behalf.
You might want to call Adult Protective Services. If your relative has possibly abused your mother, perhaps the District Attorney might want to file criminal charges against her. It sounds like she has violated a possible duty she owed to your mother to protect her and her money.
It sounds like your mother might need a person to handle her business and/or personal affairs. One possibility is to have a guardian appointed for her by a judge in probate court. It is not an easy or simple matter. Once a guardianship is established it will continue the rest of your mother's life and is expensive and time consuming. I consider a matter of last resort. You must go to court anytime you want to spend any money for your mother's care. The judge will determine if you are allowed to spend any money on your mother. If you are appointed her guardianship you will need to be bonded by an insurance company - you must pass a background check & it costs money.
You might want to Houston Volunteer Lawyers Program at 713-228-0732 for a free attorney if you or your mother qualify for their services. .
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