Legal Question in Wills and Trusts in Texas
Power of attorney
My brother had a stroke and cannot talk or write. I need to get access to his bank account to pay bills and to cash his payroll check. How can I do this without hiring a lawyer.
2 Answers from Attorneys
Re: Power of attorney
You should re-think your decision to do this without a lawyer. If you can't afford one, you should check with the local legal aid or law schools to see if someone can help you for little or no cost. Basically, you are asking a judge to allow you to take over the affairs of another. Courts don't take this lightly, and there are protections in place which make make for horrific liabilities if you mess up. Don't do this yourself.
Re: Power of attorney
Start reading up on the Texas Rules of Civil Procedure and the Texas Probate Code pertaining to guardianship. Usually takes about 2-5 months and 3-4 error-ridden appearances in front of the probate judge to get it fixed up. Judges aren't there to tell you how to do it. If you're going to try to do it yourself, you're held to the same standard as a lawyer to get the job done right. Lawyers are not allowed any short cuts and neither will you. Good Luck.
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