Do I need a legal form to be the guardian of my elderly mother?

Asked on February 4, 2013 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, in a sense.  You need to file a Petition to be apppointed as the guardian of your Mother.  The court must appoint you and will if they feel that there is a need.  If you are a Power of Attorney sometimes that can suffice (in certain circumstances).  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Ordinarily assuming you mother is still competent you need to have a power of attorney dated and signed by her before a notary public setting forth the scope of your duties as her attorney in fact. As such, I suggest that you have a Wills and trust attorney consult with your mother as to what her desires and needs are and move from there as to the drafting of any needed documentation such as the power of attorney I suggested.


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