Legal Question in Family Law in Texas
Power of Attorney
I had my mother's POA and a doctor after that wrote a letter to me stating that my mother could no longer take care of her business affairs. This was because of my mother suffering from dementia. My mother and became estranged because I took her car away because of her atrocious driving. My sister moved in and got my mother to sign another POA and it was a disaster. My sister was not taking care of business and my mother was being robbed by everyone, the gardener, people who took her to the store, etc.
Now my sister has locked us out of my mother's home since my mother is now in an assisted living facility. She is changing everything to her name, taking things out of the house. Do I have recourse and does my POA supersede hers?
2 Answers from Attorneys
Re: Power of Attorney
Was either POA properly recorded? maybe neither one of them is any good. Which could be could for you. If these issues are important to you, I suggest you confer with an attorney.
Re: Power of Attorney
Becasue your mom has dementia her power of attorney may be no good unless it says that is does not terminate on disability. If she can't handle her affairs she may not be able to sign a new power of attorney.
Suggest you see an attorney to confirm this. Your mother may need a guardianship.
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