Q: Texas laws: Can Durable Power of Attorney for incapacitated adult file for divorce on behalf of incapacitated adult?
Child named Agent of elderly mother's Durable Power of Attorney in Texas. Father has been mentally & verbally abusive to mother for years & has been grossly negligent in his fiduciary duties of the family living trust. He has withdrawn substantial amounts from the trust & bank accounts for his own benefit. How can the Agent of her DPOA protect her assets from abusive & spendthrift husband?
A: Contact Adult Protective Services if you believe there may be financial, mental or physical abuse. Her agent needs to safeguard her assets, i.e. separate bank account, etc.
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