Q: Mother was diagnosed with Alzheimers in 2015.
Mother was diagnosed with Alzheimers in 2015. Sister has Mother. I was joint Power of Attorney and in Trust for 50 percent estate. In 2019, sister took Mother to a doctor (after Mother's MD in Tucson already said Mother was unable to make financial decisions in 2018) and had me removed from trust and removed as Power of Atty. I would like to get this fixed. Since this time, she has moved funds from Mother's accts to her own. I need to know the legality behind this and what can be done to correct all.
A: Only your mother can remove you as her agent under a Durable Power of Attorney. Depending on what the trust declaration says, it may be that only she can remove you as co-trustee.
In Texas, anyone who would be a beneficiary under a Will, an heir if there were no Will, or can convince the court that they have a genuine interest in the well-being of the person granting the Durable Power of Attorney (your mother) can ask the local probate court to investigate the actions of the agent under the Durable Power of Attorney (your sister).
You may well want to start by reporting online to Adult Protective Services, which has the authority to see bank records without a subpoena.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.