Home     Law Advice     Insurance Advice     Community    
        View All Law Topics        Free Case Review        Legal Resource Directory        FreeAdvice Answers       
Home > Law Advice > FreeAdvice Answers > Texas Wills, Trusts, Probate > FreeAdvice Question and Answers
Privacy Policy Terms of Use FAQ Attorney Log-In Register to Answer Questions




    

Question: Wills, Trusts, Probate - Texas

Asked on 11/6/2009
How can I protect my mother and her estate from my deceased brother's girlfriend?
My mother is elderly and not mentally competent. I have been her caretaker and have handled her affairs on the authority of a power or attorney for the six years since she had a brain aneurysm. My deceased brother's girlfriend has been trying to influence my mother and recently took her to a lawyer in an attempt to get her to reassign power of attorney to her instead. How can I protect my mother and her estate from this vulture?

 Notify me of updates.   Answer This Question!      Question Offensive or Inappropriate?

This question received 15 views.     Bookmark and Share


Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


If your mother's doctor will certify that she's not mentally competent, you should hire a lawyer and file for guardianship.  That will accomplish two things that aren't in place, now, with the power of attorney, although your role in your mother's life will be pretty much unchanged:  first, your mother will become a ward of the court, and whether you're around or not, she will be "in the system" where her rights can be protected.  Second, unlike the power of attorney, a guardianship can't be revoked by anything your mother signs;  she'd have to come into court and move to end the guardianship herself.

I think you can probably invalidate anything your mother would sign now, if the doctor agrees she's incompetent.  But I'd recommend the guardianship:  "vultures" are best dealt with before they create an actual problem, rather than after.



  • Answered on 11/6/2009
  • Rating:
  •  Rate this answer






» Ask a question in our legal forum

» Search our legal resource directory

» Find an attorney in your area

» Let us find a lawyer for you


Didn't Find What You Need?


We have a lot more information!

MORE FREE LEGAL ADVICE

Select your specific topic on the next page.
Finding a lawyer can be very intimidating. We'll help you find a qualified attorney.


            



AttorneyPages.com


HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2009