Lawyers, Answer Questions  & Get Points Log In
Texas Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Texas on
Q: I am trying to find out how I can get legal power of attorney over my mother for making medical decisions.

My mother has severe memory loss an confusion.

John Michael Frick
John Michael Frick
answered on Sep 19, 2022

It is probably too late to get a legal power of attorney given your mother's memory loss and confusion. Even if your mother were to sign the power of attorney, it may be challenged due to a lack of capacity or competence to understand the significance of what she is signing.

You will...
Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Texas on
Q: Is there any recourse for elderly that were coerced into signing over a property deed to an ‘investor’ in order to sell?

The the investor promised cash in two weeks but has not paid any money and is actively listing the property for sale. My father in law needs help.

John Cucci Jr.
John Cucci Jr.
answered on Jul 18, 2022

Sounds like a scam.

I would get to a lawyer immediately to stop the sale and nullify or void the deed. Time is an important factor in these types of matters.

You may need the court to intervene to protect the property.

Good Luck!

1 Answer | Asked in Estate Planning and Elder Law for Texas on
Q: When can power of attorney be used?

Does the principle/grantor HAVE to be sick/unwell or can they be healthy? If a principle/grantor is of sound mind, with no disability, illness or physical or mental incapacity, would an agent/grantee using the POA be misusing the power?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 17, 2022

It depends on the wording of the POA. Some take effect immediately after they are signed. Some are only effective when the principal becomes incapacitated. If it is effective immediately, it is not necessarily a misuse for the agent to use the POA. For example, I might give my husband a POA to... Read more »

2 Answers | Asked in Criminal Law, Civil Rights, Elder Law and Federal Crimes for Texas on
Q: “During the glory days of radio, it was illegal to mimic the voice of the US president.”

“During the glory days of radio, it was illegal to mimic the voice of the US president.” Was there actually a law prohibiting that? Or was just a White House policy and not a legal issue.

Was it law or policy?

John Cucci Jr.
John Cucci Jr.
answered on Jun 26, 2022

What you are referring to is the Policy of the Government. The 1st Amendment gives you the right to mimic anyone!

View More Answers

1 Answer | Asked in Family Law and Elder Law for Texas on
Q: I have a old friend who is depressed by life and is not taking acre of herself. I live in anoher state but am visiting.

She is ill and will not go to the doctor. She c an hardly walk and is taking too may pain and sleeping meds. She lives alone.

Her family thinks she is mentall ill and they don't get along. One child is in 2 hours away the other on the west coast. II have no legal relationship but... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on May 6, 2022

The lawyer can only talk to you if she gives you permission. Try to get your friend to let you go to the doctors with her and discuss her issues

2 Answers | Asked in Family Law and Elder Law for Texas on
Q: If my wife needs long term memory care, can I use her non-joint ira to help pay for it without a power of attorney?

She has Parkinson dementia and is no longer able to make decisions. For long term care I need to use the money in her IRA. Most of the money was made after we were married, but it is not a joint IRA. I have been managing the account since her illness, but have not taken out any money. Now that she... Read more »

Isaac Shutt
Isaac Shutt
answered on Apr 10, 2022

You'll definitely want to speak with an attorney in the area who handles guardianship cases. In addition to (or instead of) guardianship over your wife, you may want to look at getting a document from the guardianship judge naming you as "community administrator". Many attorneys... Read more »

View More Answers

1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Texas on
Q: How do you find out if someone has power of attorney
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 12, 2022

The fastest way is to ask them or the person who you think signed the power of attorney, If they have used the power of attorney they should of had to show it to the person.

1 Answer | Asked in Criminal Law and Elder Law for Texas on
Q: How do i fight for being falsly accused of beating up a old man
John Cucci Jr.
John Cucci Jr.
answered on Feb 5, 2022

Show up to court and go to trial.

You should get an experienced attorney and do not talk to anyone about the case, but that person.

Good luck!

1 Answer | Asked in Domestic Violence, Elder Law and Personal Injury for Texas on
Q: If I live with an elderly person and they are harming , neglecting and falsely accusing me of abuse. Can I get in troubl

We are no longer a couple we share different rooms in the same home. She called aps on me several times and self harms herself to say I caused it . She makes herself fall and will sit there without letting any one know she's fallen just to tell them I left her on the floor for hours. , she... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

You can be arrested and charged with a felony if a law enforcement officer believes that you physically hurt an elderly person, or that you neglected a duty to prevent them being hurt. The safest thing is to remove yourself from the situation.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Elder Law for Texas on
Q: My husband has early onset Alzheimer's, he is 71 and I am 69. I own property gifted to me as my seperate property.

Can I file transfer on death deed to my children, possibly as a Medicaid asset protection trust devise if he has to go to nursing home?

John Cucci Jr.
John Cucci Jr.
answered on Dec 7, 2021

There are a few different ways to handle your issue. The simplest is a "Life Estate" where you deed the property back to yourself for the remainder of your life, then it automatically goes to the person you wish to obtain the property after you die.

This is great if you have a low...
Read more »

1 Answer | Asked in Elder Law and Family Law for Texas on
Q: I am caring for mother who lives out of state. If she goes home with me for a visit what are some consequences?

I do not have guardianship or POA. The visit will be for a few months. I am worried about a financial eldery abuse with my step brother if we stay in her home state.

Teri A. Walter
Teri A. Walter
answered on Aug 20, 2021

Assuming your mother is competent and is going with you willingly, neither a guardianship nor a power of attorney is required. If you want to handle her financial affairs, she must be competent and sign a power of attorney allowing that.

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Texas on
Q: An elderly friend is being kept in a rehabilitation facility against her will. Who can help?

She became critically ill 3 months ago. She was hospitalized then sent to a rehabilitation facility when she began to recover. Her daughter has a medical power of attorney. She has been okayed by her doctors for release but her daughter will not allow the facility to do so. The daughter (and other... Read more »

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Jul 6, 2021

Other than your friend herself, the only person who can decide where she lives is a guardian of her person. An agent under a Medical Power of Attorney does not have this authority. An agent under a Medical Power of Attorney only has the authority to convey someone's wishes when they cannot... Read more »

1 Answer | Asked in Elder Law and Wrongful Death for Texas on
Q: Frail Elderly visitation has been overlook due to caregiver has place No Trespass Notice for 4 years.

Caregiver works full time and dad is 88 years old stays all alone without no family contact. How do I present a case cuz the autopsy report does not show the caregiver in favorable eyes!

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Jun 24, 2021

More information is needed to respond to your question. Please consult an elder lawyer in your area. You can locate one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)

1 Answer | Asked in Elder Law and Landlord - Tenant for Texas on
Q: Can my apartment complex not do needed repairs which affect my apartment?

6 yrs ago, my upstairs neighbors' kitchen sink , garbage disposal and dishwasher water kept coming up in my sink and finally flooded my apartment. They fixed it then but its doing it again now. The complex changed hands and I have been asking and even begged them a couple times since January... Read more »

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Jun 17, 2021

Contact the renters' council in Temple. If there is none, try the Travis County Renters' Council.

2 Answers | Asked in Elder Law for Texas on
Q: If I have medical and durable POA for my grandma with dementia, can I decide for her where she lives?

I got POA 4 years ago. She was diagnosed with dementia 3 years ago. Her husband has passed away. Her doctors (primary, cardiologist, and neurologist) say she cannot live alone, but she wants to stay at home. I cannot live with her (I am married with 3 kids of my own). Besides the dementia, she has... Read more »

Teri A. Walter
Teri A. Walter
answered on Apr 26, 2021

You can certainly provide her with a place to live, but you can't force her to live there. A power of attorney authorizes you to act for her, but doesn't give you the right to control her - for that you would need a guardianship. Her condition may or may not support having a guardian appointed.

View More Answers

1 Answer | Asked in Consumer Law and Elder Law for Texas on
Q: How do i get a civil suit fees waived in harris county for elderly who has been financially exploited

She was scammed into a transmission rebuild after the company already had her car and apart got the back took to another shop who said the transmission has not been rebuilt they replaced a censor and new fluid and charged her 3000.$ and the transmission is acting the way it to start with she was... Read more »

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Apr 18, 2021

File an Affidavit of Inability to Pay Costs.

1 Answer | Asked in Estate Planning and Elder Law for Texas on
Q: Can someone hide a will to gain all that was supposed to get gain what was left to somebody in the will at death

Father in law acted like a will didn't exist so my husband wouldn't get what was left to him

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Mar 23, 2021

In Texas failing a produce a Will is a crime. It you have evidence tending to prove it exists, or existed, such as signing witnesses who can testify as to what it said, please contact a local probate attorney.

1 Answer | Asked in Elder Law for Texas on
Q: My grandpa has COVID & oxygen, he’s living w/ my parents. been to hospital twice. Can they get trouble if he dies @ home

There’s no power of attorney, my parents have bought a funeral for him. He spend a week in the hospital got released and then two days a second time, got released again. Three nurses have come to the house, and they say he has to go through sickness, after the hospital. What will my parents have... Read more »

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Feb 28, 2021

Assuming that the hospital receives Medicare or Medicaid payments, it can only discharge someone in a safe discharge. While it is now less common, many people do die at home. If your grandfather is on hospice, the hospice nurse can sign the death certificate. If not, it must be signed by an M.D.... Read more »

2 Answers | Asked in Health Care Law, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: What kind of attorney is best to get my elderly mom proper representation to sue hospitals for the death of father?

My mom has documented and proven facts of wrong doings to support claims that caused my fathers untimely death

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your father. You could reach out to med mal-wrongful death attorneys. A law firm that handles one of those categories would likely handle the other in most cases. Since your mom is... Read more »

View More Answers

1 Answer | Asked in Elder Law for Texas on
Q: 82 years old father and whole complex all must move to a shelter for months, is this legal for disabled elders?

they want to do repairs and replace pipes and they have to pack up and move they dont know where just some shelter and a lot have providers that assist them all in panic mode I live in Ohio my father lives in South Texas

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Feb 22, 2021

From your description it appears that your father lives in a commercial apartment complex, not in a nursing home or a hospital and is perhaps being constructively evicted due to the need to make massive repairs. If he has funds, a shelter is not his only option.

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.