Humble, TX asked in Elder Law for Texas

Q: How do you go about getting a Power Of Attorney Revoked due to dereliction of duty !

This pertains to an elder person with diminished mental capacity and POA refuses to take care of medical needs and leaves them with sibling with no contact. The person needs to be evaluated as far mental and medical needs which cannot be done without the cooperation of the person with the POA. The elder lives with the son and cannot take care of her without help.

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

A: The holder of a power of attorney has no legal duty to “take care of” the medical needs of the principle.

If the person is unable to care for their physical needs, a close relative should apply for guardianship.

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