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

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.

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

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.

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