Austin, TX asked in Family Law and Elder Law for Texas

Q: How do I gain control as power of attorney over my now incapacitated mother.

My mom has dementia and her paperwork named my dad as having power of attorney (medical, durable, etc). I just found out I’m alternate in the event of his death which happened about a month ago. Before he died, he made a financial arrangement with a former maid to become their “household manager” to act as his proxy, pay bills, arrange medical appointments, interact with the caregiver service, buy groceries. Since I live out of town, I was ok with the arrangement and basically she was just the hands and feet to my father’s mind. He still controlled the accounts, spoke to doctors, etc. Since my father’s passing, my mother is confused, heavily sedated and can provide no oversight, and the “manager” is not telling me when decisions need to be made, instead she loops in my mom’s former pastor. She has also changed passwords to accounts, so my mom nor I can access them independently. I think she already has or soon will overstep her bounds, but am at a loss as to what to do. Any advice?

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2 Lawyer Answers
Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Houston, TX
  • Licensed in Texas

A: If you have your mothers power of attorney terminate the proxy, You also may want to probate your dads estate,

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: As your mother’s power of attorney, you have the exact same rights your mother would have if she were competent. Depending on the language of any agreement, that very likely includes the power to terminate the maid or to remove her as household manager.

You can then hire another individual or individuals to fill those jobs or do some or all of it yourself.

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