Q: do I need a lawyer for POA or Guardianship in Texas?
My mother need it for my father who is incapacitated. They do not have joint bank accounts, own a home together. Different incomes are affected. My father is in critical condition.
A:
It is not clear whether you are interested in a Medical or a Durable [Financial] Medical Power of Attorney or whether the person involved has legal capacity to sign either. If he does, Texas has one form of Medical Power of Attorney, which any elder or estate planning lawyer should be able to provide. Most elder lawyers modify the Statutory Durable [Financial] Power of Attorney as it is still inadequate, but you can use that form.
If the person lacks legal capacity to sign one or both of these forms and someone needs to make decisions on his behalf, you must hire an Approved Guardianship Attorney and file an application.
A:
It is advisable to have an attorney help you with a guardianship. A power of attorney is possible only if a party is legally competent to grant one. I suggest you seek the advice of an attorney to determine the best course of action and to help you with the paperwork.
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