Lubbock, TX asked in Elder Law for Texas

Q: Can we remove an elderly person personally from a volatile situation if no one has guardianship on paper?

while we are trying to get the process going to file for guardianship can we personally remove her? There are drugs and guns in the house and the person who is taking care of her is on drugs. The police went and just asked her if she was ok and then left and the sheriffs department told us it wasn't there jurisdiction so they couldn't do anything even after we told them she could be in danger.

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1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Elder Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: You do not have authority. In addition, if there are guns and drugs in the house, this could be dangerous.

Adult Protective Services can offer services. She can refuse them.

Talk to a local Approved Guardianship Attorney to see whether the Lubbock court will award a temporary guardianship. That does not require a Physician's Certificate of Medical Examination and can be gotten in as few as 10 days, the minimum amount of time required by the Texas Estates Code.

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