Legal Question in Civil Litigation in Texas
My stepfather is in a nursing home and i am his step-child. He does have biological children that is not looking out for his best interest,do i have a right to seek power of attorney for him?
2 Answers from Attorneys
If your stepfather is in a nursing home he may not be competent to grant a power of attorney.
If he is not, then he would need a guardianship. There is a statute the states that certain relatives, who are qualified to be a guardian, have the right to be appointed guardian. Biological children may have priority over you, especially if you were not adopted by you stepfather.
You need to meet with an attorney to review the facts to help you decide upon the best option.
Yes. I person may give anyone, relative or not, power of attorney over their affairs. In Texas, there are two types of power of attorney: one for business and one for health care.
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