How possible is it to get Power of Attorney over my married father diagnosed with demetia in TX?

1 views 1 answers
My dad has been diagnosed w/ the beginning stages of demetia. His wife (stepmom)has arranged for him to be put in a nursing home, however, its not bad enough for him to be there. He has not been declared incompetent & has emphatically stated to her & the dr that he does not want to be put there (& she has not been down there to visit him one time since admitting him w/ a phony POA). I have asked my dad for POA & he has said yes. I know I'm in for a fight from her but are there any legalities that I need to be made aware of? Should I also apply for guardianship?

Attorney Answer

1
Jordan E. WatsonFamily Law AttorneyDenton, TX ·
Your dad needs to speak to a lawyer, technically, not you. He will have to execute a durable power of attorney, and medical attorney designating you. It will need to be notarized. Once this is done, you will have the control. She really can't do anything about it. Most lawyers who work in this area will do nursing home visits so encourage him to shop around for an attorney who will help him with this. You can't get a guardianship over him in Texas until he is declared incompetent by a Doctor, so you will have to wait and see if his condition worsens.
0 upvotes