Houston, TX asked in Elder Law, Estate Planning and Probate for Texas

Q: I am secondary DPOA for my parent. The primary DPOA has ceased any actions of financial responsibility.

He verbally stated he wouldn’t do these duties but wants to act as DPOA upon my parents death. How can I hold him to his lack of actions to these financial duties. He states he can do what he wants w/ the property my parent owns.

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

A: A 2017 change to Texas' DPOA law requires that he report and give an accounting, with receipts, to the principals. An interested person can also ask the courts to look into his actions and failure to act. You might want to talk with a local elder law attorney. You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).

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