Legal Question in Family Law in Texas
Power of Attorney transfer
My mother has dementia and is in a
nursing home in Texas. Five years
ago (while she was lucid) an attorney
worked with us to give me Power of
Attorney. Two years ago I moved to
California for work, and my sister,
who lives near our mother's nursing
home, has been Mom's primary
family contact. Because of the
logistics involved, I'd like to either
transfer my Power of Attorney to my
sister or add her to the PoA list
(whichever is easiest). As implied,
my mother is mentally out of the
picture. How should I proceed? Is
there a do-it-yourself method?
1 Answer from Attorneys
Re: Power of Attorney transfer
If your sister was named as an alternate on the POA, you resign and she can take over, otherwise only your mother can change the POA, and I guess she is incompetent. So, now you would probably have to get a guardianship. Do-it-yourself? Sure, if you know how or want to do the study to try, but it's not as easy as it looks on television. It's easy for me because I'm an attorney and I have years of experience, but the court will not give you a break because you want to do it yourself. Good Luck.