What would I need for my grandma to give power of attorney to my mother?

My grandmother is over 80 and will soon be in a home. My uncle who is a

real piece of work is already planning to do tear down her house, and since he

is the oldest claims he decides all decisions. My grandma is in the hospital and they claim has dementia my aunts say but she is in and out of it. Is there any to give power of attorney to my mother? Does a lawyer have to be present or can a 3rd party witness do?

Asked on September 12, 2016 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Right now, the only person that has the right to make any decisions regarding her estate is your grandmother.  If your grandmother is unable to make those decisions, they do not automatically revert to the 'oldest child.'  That legal trick went away a couple of decades ago. 
If your grandmother signed a power of attorney, then that person has the right to make decisions regarding her estate......but only to the extent as permitted by the power of attorney.  Some POA's have limitations, while others confer unlimited authority.
Considering that your grandmother is already experiencing dementia, any power of attorney signed after today will be suspect.  Instead of a power of attorney, a relative who is not a 'piece of work' needs to make an application for guardianship.  From there, that person can make any necessary decisions on how to best proceed with your grandmother's estate.
If you think that someone is abusing your grandmother financially or physically, then you need to contact Adult Protective Services if you cannot immediately get a guardianship application filed.


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