Legal Question in Civil Litigation in Texas

Illegal POA

A duly appointed POA takes adudicated incompetant principle

and swears to a new POA that he is of sound mind. Reason to gain power over other sibling who has a second shared with his first durable POA. This is fraud as I see it due to the principle being incompetant and the brother acting for him as POA taking him to sign for a new one swearing to be of sound mind. What recourse should the other siblings persue? Brother is spending money irresponsibly and that is the cause of the problem in the first place... Thank you...


Asked on 3/23/06, 8:38 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Illegal POA

Charles White said it all!

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Answered on 3/24/06, 10:25 am
Charles White Charles G. White

Re: Illegal POA

I am sure that you are aware that an adjudicated incompetent cannot execute a valid new power of attorney.

SOLUTIONS:

1. If the brother is spending funds on himself, it is called theft. You can seek felony prosecution.

2. Get his funds isolated into accounts to which the crooked brother will not have access. Don't mingle his funds with your own, and make certain the funds are designated as held for your father with you as the only authorized signatory.

3. Get possession of his physical assets. The old saying that possession is 9/10ths of the law still works. Be careful that all related documents reflect that the property belongs to your father, so that you will not be accused of doing the same thing as your brother.

4. File an affidavit in the public records to alert purchasers who may seek to purchase through your brother.

5. And best of all for lawyers: Cause a lawsuit to be initated against the brother, seeking an injunction, damages, and punitive damages.

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Answered on 3/23/06, 9:15 pm


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