Legal Question in Family Law in Texas

I am needing to get power of attorney over my sister who is incapacitated and my mother is not capable of making decisions for her. I am next. How can I do that?


Asked on 5/18/11, 8:21 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I'm not sure what you are asking.

If she has the form then you just do it.

If she is incapacitated & cannot fill out the form, then you are too late. She has to be able to sign the form in front of a notary.

You might need to consider guardianship. It is a last resort because it is costly & time consuming. It takes awhile. I recommend avoiding it if possible.

I highly recommend talking to a probate or estate planning attorney or an attorney experienced in "elder" law planning. Even if your sister is not elderly, you are having "elder" law issues.

Look on this website or look on the web in your elder for an attorney under "elder" law or estate planning. Or, perhaps probate law. Look on www.lawguru.com or www.avvo.com Check around because prices will vary dramatically.

It sounds like you have a lot to learn really quickly. A good attorney can really help you. It's worth the money. But there are also non-attorneys that can help you with this process. You need to look around. The road is filled with "pot-holes". It's hard to navigate.

I started with my parents with geriatric physicians. They had a social worker. She helped up to a point. But apparently social workers only do so much. It was very frustrating since I thought social workers did a lot & do perform miracles!

Then I found a PERSONAL CARE MANAGER. She did not personally do the work. But she was like a team manger & educator. She guided me through the process & she taught me what I needed to know & kept me from falling in the pot-holes!

You might consider looking for a person called a personal care manager. They are often hard to find. The one in Houston that I hired saved my life. She was wonderful! She taught me a lot and saved me money. I avoided guardianship for both of my parents. I was able to take care of them with dignity & work the medical system that is designed with frustration and roadblocks everywhere.

Good luck! I know that you need it!

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Answered on 5/19/11, 9:30 am


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