Seabrook, TX asked in Elder Law, Social Security, Estate Planning and Probate for Texas

Q: my Mother lives with me in Texas can my sibling in Ohio have power of attorney over her and control her money?

My Mother has lived with me for a year and three months. My sibling got POA before sending her to Texas

1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: No one can get a durable power of attorney over someone else's money. The person themselves must grant it. If your mother gave your sister a durable power of attorney, she can revoke it. If she now lacks legal capacity to manager her financial affairs (as testified by a doctor completing a Physician's Certificate of Medical Examination), you can apply for guardianship of her estate (also called conservatorship.) She may want to see an elder law attorney. You can find one in your area using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).

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