Legal Question in Family Law in Texas

Power of Attorney

My sister recently had a temporary restraining order drawn up, to prevent me from accessing my Mother's bank account to which I have a Power of attorney. At this time we are in a custody dispute over my Mother and her estate. My sister has withdrawn huge sums of money from my mother's account and it is my belief that she does not want me to find this out, thus the order. Her personal lawyer drew this order up, if that makes a difference. My question is, Since I have my Mother's power of attorney is this restraining order valid. I have not been served. I really need to take care of some of her bills and I am afraid to touch the account until I find out for sure whether or not this can be done.


Asked on 12/22/05, 2:35 am

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Power of Attorney

You should obey the order of the court. Seek a hearing and be prepared to put on evidence to overturn the order. You can seek damages and attorneys fees at the hearing. You better get a lawyer if this matter involves a serious amount of money and risk to your mother.

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Answered on 12/22/05, 7:22 am
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Power of Attorney

If you have not been served then the restraining order is not enforceable on you. Before you do anything I suggest you meet with a lawyer to discuss the case in full. If you are in the Houston area and need help e-mail us or call 281.485.0990

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Answered on 12/22/05, 9:54 am


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