Q: Can AAL/GAL pay mother's debts, serve Rev. of POA, request docs., before a permanent guardian is ordered by Judge?
Sister did not accept Rev. of POA and new POA to granddaughter, by mother. Sister applied for guardianship of the person of our mother who has been diagnosed with alzheimer's dementia. Sister convinced mother to leave home to visit her, in another county. Mother owns 1/2 interest and 3 daughters own 1/2 interest in home. After closing joint bank account, mother's VA checks were not being deposited directly into her bank account; they were being mailed to mother. Mother has been away from home for four months; her mailing address has been changed to sister's address. Doesn't VA require direct deposit of benefit checks? Annual contract to pay property taxes without penalty and interest should have been made in January. I do not have access to mother's bank accounts. I cannot afford an attorney. May I request that AAL/GAL (same court-appointed person) pay mother's creditors, serve Rev of POA, request mother's original Will, Medical POA, etc., kept from mother for 3 years?
A:
An attorney ad litem or guardian ad litem does not have control of someone's finances but is appointed "ad litem," that is, "for the litigation." If there is no litigation, none will be appointed.
Your sister's refusal to accept that her authority under a power of attorney has been revoked can be met with an application for a Temporary Restraining Order (followed by an application for a Permanent Injunction.) In many counties you can do this without an attorney and get help applying at the courthouse.
If you suspect elder fraud and exploitation, which are crimes in Texas, contact APS and the police. Also contact the VA with a copy of the new POA and explain what has happened.
Good luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
