Q: What is the procedure for filing for judicial revocation of power of attorney in Bastrop County Texas?
I'm pursuing getting medical and durable POAs invalidated that were signed by my mother while she was incapable of making her own medical decisions due to multiple strokes.
I'm having to do this without an attorney, got turned away by Volunteer Services of Central Texas because it seemed to be too complex and/or time-consuming for them. How/what do I file to get started? Any thoughts on costs along the process?
I cannot file for guardianship, I have a felony conviction, and I have no money to hire an attorney, not even one at reduced rates.
A:
Throughout Texas the signer of a Durable Power of Attorney (your mother) can revoke it by giving notice to everyone to whom it might be presented and, if it involves real estate, record the revocation in the deed records of the county where the real estate is located. That can be ineffective if notice is not given to someone and the agent under the Durable Power of Attorney presents it to them. Courts generally "revoke" a Durable Power of Attorney by appointing a guardian.
If someone lacked legal capacity to sign a Durable Power of Attorney or lacks legal capacity now and the agent is robbing them, someone can file a guardianship application with the Bastrop County Court. Someone who has been convicted of a felony but had their rights restored may be able to serve as a guardian. If there is no family member willing and able, Family Eldercare, a Central Texas non-profit, will act as guardian of the estate, trumping the agent under the Durable Power of Attorney, and guardian of the person, trumping the Medical Power of Attorney.
Volunteer Legal Services of Central Texas has Approved Guardianship Attorneys (special certification is required by law) who represent guardianship applicants for free. People who cannot afford court fees can file an Affidavit and, if it is approved, those are waived.
A social worker, lawyer or anyone else who is concerned about a person's well-being can file a Court-Initiated Guardianship Information Letter. The Court will appoint an attorney (a guardian ad litem) to investigate to determine whether a guardianship might be necessary. If so, the Court will contact Family Eldercare, appoint an attorney to represent your mother (attorney ad litem) and hold a hearing. If the Court appoints a guardian of the estate, the Durable Power of Attorney automatically becomes invalid. If the Court appoints a guardian of the person, the Medical Power of Attorney automatically becomes invalid.
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