Irving, TX asked in Estate Planning and Probate for Texas

Q: My mother is battling cancer and her memory is not so well. I am her daughter and I have guardianship durable POA.

There is a family battle for Durable Power of Attorney, Guardianship and Executor. I am primary on all things as of this moment but my mothers mind and memory is getting worse by the week so other family members have stated that if they get her alone then they will have her sign and have notarized another POA which will override mine. So how do I make mine permanent and keep others from having her sign a new one. She is not competent at this moment to understand anything she is signing. My POA and will were signed and notarized while she was competent.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Given your mother's deteriorating condition and the threat of other family members to have her sign another POA, your best course of action is probably to petition a probate court for temporary or permanent guardianship of your mother.

That will probably be less expensive and more effective than challenging acts taken by other family members using a new POA that is likely voidable due to your mother's lack of competence.

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