Legal Question in Family Law in Texas

Power of Attorney Form....Which one is best for my situation?

I have a 36 yr old brother who is somewhat mentally disabled (schizophrenia). He has difficulty managing his affairs on his own, and has recently moved into a personal care home. I am his only living family member (sister) here in Houston. I plan to seek legal guardianship in the near future, however, at this immediate time, I am interested in obtaining ''Power of Attorney'' so I can help him resolve some financial issues that occurred (he incurred) w/ his bank/other organizations (i.e., Fiesta) while he was in and out of the psych centers of several different hospitals over the past 3 mos. Although notices were sent to him from his bank, he did not receive them due to his being in the hospital; hence, b/c of his non-response, ''amounts due'' have since been turned over to a collection agency. I would like to try and help him in resolving this issue. MY QUES: I understand I need to obtain Power of Attorney in order to even talk w/ the bank/collection agencies about this issue. I've noticed there is both a ''General'' Power of Attorney & also a ''Durable'' Power of Attorney form online I can download from the Internet (for a small fee). Which one of these forms is most appropriate for my situation? Anything else I need to be aware of? TY.


Asked on 11/20/08, 11:35 am

1 Answer from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Power of Attorney Form....Which one is best for my situation?

If you shop around, a POA prepared by a real attorney probably won't cost much more than some half-baked form off the internet. There is never any telling if what you get online will meet the legal requirements to be valid. There is also the question of whether or not your brother is even competent to sign a POA. You need advice.

If you would like to discuss the situation, feel free to call my office for an appointment.

Read more
Answered on 11/20/08, 12:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas