Gainesville, TX asked in Estate Planning, Real Estate Law and Probate for Texas

Q: What practice area of lawyer would I need to help with our family issue: My sister is terminally ill with no insurance

she jointly owns property with my father who recently filed bankruptcy (about 6 months ago, Chapter 7). My sister has brain cancer and cannot make sound decisions, she has no other family, she is 56-57 years old. We would like to help our Father (he is 90 and his health is failing) sell her estate to help her get decent care, we have a buyer for the estate. She is currently at Ben Taub hospital but they are trying to kick her out daily.

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

A: Search for "Approved Guardianship Attorney" on the State Bar of Texas website. Hire one in your area (many also practice in counties adjacent to that in which they are registered). Have a Physician's Certificate of Medical Examination completed (available on the Travis County Probate Court website). Apply to become the guardian of your sister's estate. If she lacks legal capacity, you can be appointed, post a bond and sell her property to pay for her care.

If she does not lack legal capacity, ask her to sign a Durable Power of Attorney before a notary, record it in the county deed records and sell her property.

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