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Texas Elder Law Questions & Answers
1 Answer | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: If a temporary guardian settled and collected monies outside of court. Does that money go to the new guardian?

After I became a guardian. I found out the temporary guardian settled outside of court with the boarding home that was neglecting my father. I was never inform and this info was hidden from me. I found all this out on my own. My father is now deceased. Shouldn't that money have gone to the new... Read more »

Isaac Shutt
Isaac Shutt answered on Mar 13, 2020

You should definitely have a probate/guardianship lawyer file on your behalf. The temporary guardian should have turned the money over and should have accounted for how every dime was used.

2 Answers | Asked in Domestic Violence, Elder Law, Family Law and Divorce for Texas on
Q: If my grandmother is in an abusive relationship with My Grandfather and she refuses to leave him what if I left him

Is it illegal if I leave my Grandfather somewhere stranded so my Grandma wouldn't have to be abused by him anymore

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 26, 2020

This sounds like a very bad idea, possibly abusing an elderly person.

Rather than take the law into your own hands, you might report your grandfather to Adult Protective Services and consult with an elder law attorney about how to protect your grandmother. You can locate one near you using...
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1 Answer | Asked in Consumer Law, Collections and Elder Law for Texas on
Q: No one responded to my question so I'll ask it again. Am I responsible for my late mother's debts?

Mom had been in and out of hospitals, nursing homes before she passed. However, she did owe because insurance, medicare didn't pay. In fact the last nursing kicked her out because insurance ran out.

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 20, 2020

No. Your mother's estate is responsible. You are not. However, you can not inherit anything until the debts have been paid.

1 Answer | Asked in Elder Law for Texas on
Q: What are my rights to protect a 55 year old mentally and physically disabled brother?

My 55yr old special needs brother has lived in a nursing home for four years. Prior to that, he has lived in group homes, assisted living facilities, apartments, and two other nursing homes. All were short stays as each ultimately ended with him being asked to leave. He is doing well where he is... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 4, 2020

There are only six legal reasons for discharge from a nursing home which accepts Medicare or Medicaid. The one this facility seems to be relying on is an allegation that he no longer needs nursing home care. Gather his medical records to show that this is not true. Also show why a discharge to a... Read more »

1 Answer | Asked in Elder Law for Texas on
Q: My elderly mother has dementia, her house has deteriorated, I was wondering what the mortgage lender could do legally?
Isaac Shutt
Isaac Shutt answered on Jan 29, 2020

As long as the mortgage payments are current, there should not be a problem. The biggest thing for them is simply that they get their money. If your mother can't afford to make the payments, then you'll either need to help her refinance the mortgage or sell the property.

2 Answers | Asked in Elder Law for Texas on
Q: Can anyone give me information on what to do about elder mother not able to live alone. I live in Tx

I live in Tx. with my mother who is 84 and I know she has some form of dementia but hasn't been diagnosed by a specialist. I can't get her to go to the neurologist even though her regular dr wanted her to be evaluated. She needs help either needs to be placed in a home or something. I have... Read more »

Isaac Shutt
Isaac Shutt answered on Jan 28, 2020

First of all, I'm sorry you're in this position. My heart always goes out to people assisting a parent with memory or other cognitive problems. It is very tough.

I recommend calling Adult Protective Services ("APS") and the Department of Aging and Disability Services ("DADS"). Do an...
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2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: I am POA for senior parents. What is the liability for them & me if they get in an auto accident?

Both of my parents (aged 85 and 87) currently have active Texas licenses and auto insurance. Their physician tested and diagnosed them both with mild dementia Nov 5, 2019. They are both still able to dress, bathe, shop, etc. for themselves, just getting a little confused, weaker, repeating... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 27, 2020

You are liable for negligence. Whether a jury will rule that you were negligent in continuing payments for car insurance and gas and not taking away the keys or disabling the car cannot be accurately predicted.

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1 Answer | Asked in Elder Law for Texas on
Q: I am 80 years old, what are the pros and cons of selling my home, putting the cash in the bank, and renting a home?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 21, 2020

Given your age, this largely turns on (1) whether you are one of the over 70% of Texans who must apply for Medicaid to pay for long term care and (2) whether you are willing to enter a Medicaid nursing home in order to preserve the home for your spouse, child or whomever else you want to leave it... Read more »

1 Answer | Asked in Elder Law and International Law for Texas on
Q: What practice area would apply to an international high dollar love scam regarding an USA elder man and foreign lady
Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 21, 2020

This is elder exploitation, handled by some elder lawyers and investigated by the FBI.

3 Answers | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: What can be done when the state seeks guardianship of my dad?

Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical and... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 19, 2020

You can hire an Approved Guardianship Attorney and apply to become his guardian yourself. Usually no guardian is needed if there is a valid Medical Power of Attorney and a valid Durable Power of Attorney. But from your description, someone may need to take away the keys, regularly check on your... Read more »

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2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I transfer my dads guardianship from california to texas. We have already moved and I have guardianship of him .

He lives with me and I am his caregiver

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You will need to hire an attorney who handles guardianships to assist you with this. It is going to require petitioning the Courts in both CA and Texas.

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1 Answer | Asked in Elder Law for Texas on
Q: Need an elder law specialist in the Austin TX area that can answer: *How can a spouse assume control of all finances?

Situation: Both spouses are disabled, husband is a vet with dementia, wife is able bodied but has health issues as well.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 15, 2020

The wife can apply to become Community Administrator. Note that this gives her control of all the community property but not of her husband's separate property, if any. If he has not named her his agent under a Durable Power of Attorney, she will need to become his guardian to control any... Read more »

1 Answer | Asked in Elder Law for Texas on
Q: Do I have to show my sister's bank statements to her children? I am her guardian.

My niece is insisting I show her all my sister's financial records. She wants to know how I'm spending her mother's money.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 13, 2020

No, you are not obligated to show these statements to her children.

2 Answers | Asked in Criminal Law and Elder Law for Texas on
Q: dad gave permission where bro & I reside to store Disable senior mom 3piece antique furniture stored in bro Rm.stolen

Inherited value $7000.Mom rechecked dad approval he loaned truck 4transport.saw it gone ask Dad-i was at wk not q&a gf,911 ins claim,not want addict gf only 1 hm in trouble.Not gone by itself @mom call 911incident report not owner

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 11, 2020

Not clr on ur qustn? Plz provd addtl info w/o exces abbrev. Thx.

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2 Answers | Asked in Real Estate Law and Elder Law for Texas on
Q: With a Texas POA could I be added to my dad's reverse mortgage?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 6, 2020

RMs are limited to people 62 or older. If you qualify, contact the lender.

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1 Answer | Asked in Elder Law and Nursing Home Abuse for Texas on
Q: alzheimers patient released (kicked out) to a group home. 30day eviction on Nov4 moved him on Nov7 without medication,

Jody also has Paranoid Schizophrenia and is becoming increasingly Psychosis. The group home he was placed in apologized to me for accepting Jody and admitted they were ill equipped to help him! I spoke with adult protective services and the hospital corporate complaint number and the person kept... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 24, 2019

You may have been misinformed. A patient may be discharged as soon as practicable if he is a danger to himself or others. However, from your description it would appear that a discharge to a nursing home would have been more appropriate...if Jody were eligible for and receiving Medicaid. People... Read more »

3 Answers | Asked in Domestic Violence, Tax Law and Elder Law for Texas on
Q: How long does a person have to file for domestic violence?

A co-worker of mine had informed me that her son is physically and mentally abusing her at home. She had also informed me that he is on drugs as well. She is in he 60’s. She said she has no privacy as he goes through her personal belongings ie. Her phone and mail. She called the police a day... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 7, 2019

She should report the situation to Adult Protective Services, block her phone, kick him out, put on locks and a no trespassing sign. She should seek a Temporary Restraining Order, followed by a Temporary and then a Permanent Injunction against him coming within a certain distance of her.

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2 Answers | Asked in Elder Law and Estate Planning for Texas on
Q: What can I do? I already have an Advance Directive? The APS says Dad has diminished capacity. What to do?

Dad got lost while out driving and wound in a strange place. He wound up I'm a hospital, then into a short term facility and then went to a long term place and we are paying the bill for it.

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 29, 2019

In Texas a Durable [Financial] Power of Attorney is the document your father would have signed to name and grant an agent the power over his finances needed to access his bank account, sell his property and pay for his care. If your father did not sign that document while he had capacity to do so.... Read more »

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2 Answers | Asked in Elder Law for Texas on
Q: This is about the Texas Adult Protective Service and how it possibly oversteps it's authority. Involves an elderly Dad.

He is still ablebodied. Does some limited driving, washes laundry, dresses himself, etc. The APS has him in a long term facility to give him therapy. There is no abuse, neglect (unless it's self neglect), etc.

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 27, 2019

What is your question? Generally speaking, APS can offer services but not impose them. It certainly has no authority to force someone into a long-term care facility. At most, it can bring a referral to a court for a mental health commitment, something which happens maybe two or three times a... Read more »

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1 Answer | Asked in Libel & Slander, Elder Law and Health Care Law for Texas on
Q: What type of attorney do we need and do we have a case for defamation of character? Are they obligated to train us?

My dad is in the hospital and has a tentative discharge date for next week where he will he is supposed to be sent home and we will take care of him. The hospital told us they will give us adequate time to train us to take care of him at home, but when I ask them if they will train us they tell me... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 10, 2019

A Texas attorney could advise you best, but your question remains open for two weeks. It sounds like the type of attorney you need is a health care attorney. If you want to pursue the false statement, that would be a defamation attorney. Before bringing attorneys into the mix, why don't you first... Read more »

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