Legal Question in Wills and Trusts in Texas

POA vs guardianship family feud

I have the durablePOA for my mother in law. She has dementia, fatherinlaw is deceased.A stepson wants to take over or''share ''financial obligations. He has not followed my instructions for care or expenses (I sent a detailed letter to all family members), and has made my job very difficult.He may be trying to file for guardianship. How do I stop him? There is a rogue first cousin in California.She is even worse.Do I have to pay for things he asked her to sign for? He didn't know the durable had kicked in, but I did tell him that I would have to approve charges. He is a professional gambler and I need him to stop bothering me.I have changed nothing,or done anything illegal-only protected her accts the way they were.Can I be POA and guardian? Can I make him listen to me?Does he have to pay for wasteful legal challenges to me?Thanks


Asked on 4/12/06, 8:57 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: POA vs guardianship family feud

You can't stop him from moving for guardianship, but you can intervene and ask that you be named guardian instead.

If there were obligations your M-I-L signed for before she became incompetent, those should be paid for. All others have to go through you.

If you tell the gambler that there's no more money for him, he'll nag until he realizes you're serious. You can't stop that, but you sure don't have to give him money.

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Answered on 4/13/06, 11:36 am


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