Legal Question in Wills and Trusts in Texas

POAs - Alzheimers
Parents create wills in 2000 naming eldest son Finan. POA and eldest daughter Med POA, trustee for under 21 heirs. POAs springing upon incapacity. Mom dies 2003. Dad diagnosed with mild-mod Alzheimers. Dad probates will Mar 2004, makes new springing Finan. POA naming eldest daughter, CPA daughter as alternate. Doesn’t trust son. Family finds out in July-Aug 2007 that son obtained finan. POA (effective immed.) in 2004, 3 mos. after will probated - did not tell anyone. Son became joint owner of Dad’s main checking acct. two years later (2006) - did not tell anyone (he claims only sig authority – tells family all 6 sibs listed as beneficiaries – but no beneficiaries on account – he will inherit all). Original of springing POA naming eldest daughter in Mar 2004 removed from safe deposit box (son and Dad only visitors to box in period it disappeared – daughter and Dad only signers on box), as well as copy from Dad’s home. Son also took Dad to create trust without telling all July 2007 – CPA daughter blows the whistle because Son wants her to be trustee and she doesn’t like idea. Dad doesn’t remember giving son POA or joint on account, doesn’t understand trust – now has mod/severe Alz. Wants to revoke.

Asked on 8/25/07, 11:25 am

Keith Engelke Law Office of S. Keith Engelke

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Re: POAs - Alzheimers

I practice in Bexar County. Feel free to contact me.

Answered on 8/27/07, 1:05 pm

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