Legal Question in Family Law in Texas

Re:power of attorney and title transfer

my parents have lived with me for almost 2 years.I have been sole caretaker and POA for them.My dad passed away and I have continued to take care of my mom.Some of their savings and their monthly income were used to help pay household bills and to add an addition to our home to accomodate them.They gave some of their vehicles to members of the family and I signed the titles over to them.My brother has not been involved in their care at any time.He has recently obtained POA.And is threatening to sue me for money spent while my parents were in my care.He also took the vehicle that was given to me and is in my name and is threatening criminal prosecution because I signed the titles.He is also demanding the return of gifts for which I signed the titles.Does he have grounds for criminal prosecution since I had POA when I signed the titles,and what can he do about the money spent?We have recently put my mother in an assisted living facility and I originally agreed to split the difference in her expenses and income for her to live there.Now he is demanding an unreasonable sum each month from me to ''pay back''what was used of their money while they were in my care.What can he do legally,and what should I do?


Asked on 10/26/02, 1:22 am

1 Answer from Attorneys
Laura D. Heard Law Office of Laura D. Heard

Re: Re:power of attorney and title transfer

From the limited facts you have provided, I am not saying you did anything wrong, but you should take your brother's threats seriously and hire an attorney as soon as possible for your defense. Look for an attorney who is knowledgeable in both probate and criminal laws. A Power of Attorney gives you the right to manage your parents' property for their best interests and in accordance with their wishes. It is known as a fiduciary duty and puts a great burden on you. I would need to see the power of attorney document and find out more information to know whether you were authorized to make gifts of your parents' property. There are certainly things you have mentioned that can be used in your defense, but the burden is on you to account for how you spent their money. If you are interested in possibly hiring me, contact my office at 210-655-9090.

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Answered on 10/26/02, 1:32 am


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