Legal Question in Wills and Trusts in Texas
Protecting an elder's property.
My mother' half sister will soon be 90. All of our relatives have passed except for my sister, my aunt and myself. My aunt is not married and has never had children. She is a hoarder and has taken all of my grandmothers and other aunt's possessions when they died. She owns 5 properties and from what I understand has a good sum of money in the bank as well as war bonds etc. About 15 years ago she was contacted by a half brother she did not know existed. He is now snooping around her business but will not call her. My Aunt's geriatric doctor has recently phoned myself as well as APS stating that she has tested my aunt and has found her incompentent and unable to care for herself, she does have a gentleman companion who stays at her home and helps her. APS has advised me to ask for guardianship of her to keep the state from coming in and taking all her assets. She does not have a will and isn't worried about it. We talked with a lawyer and he advised her to create two power of attorney documents and she would be covered. She finally did so naming me as the person in charge, but insisted on keeping the originals documents. What should I do to protect her and property that I feel is rightfully part mine.
3 Answers from Attorneys
Re: Protecting an elder's property.
Go to another attorney and apply for guardianship.
Re: Protecting an elder's property.
I agree with Ms Smith..go to another lawyer and apply for guardianship..the POA is not valid if she was incmpetent..but in any event, she needs a guardian..
Re: Protecting an elder's property.
I agree with the other attorneys but would suggest that you need to be very careful as you are a fiduciary of your aunt ( through the power of attorney ). You have also not indicated anything about your aunt's physical health condition and whether she is being well cared for by the person who attends to her and by herself. Each of these are important considerations to a court.