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Texas Elder Law Questions & Answers
1 Answer | Asked in Elder Law and Family Law for Texas on
Q: As Power of Attorney for my mother, am I liable for charges for her stay in a nursing home?
John Michael Frick
John Michael Frick
answered on Feb 7, 2024

No. A power of attorney authorizes another person (the "attorney-in-fact") to act on behalf of the person signing the POA (the "principle") with respect to the matters identified in the POA.

While a POA might authorize you to write a check from your mother's bank...
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1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Elder Law for Texas on
Q: I’m the POA and guardian of my grandfather and his estate. He sold it a month before death for 10 dollars. Is it legal?

I have been the POA and guardian for nearly 10 years. Right before his death other family members blocked my phone calls to him. I was not notified of his death and a month afterwards I found his obituary. When I went to the county records office I was notified he had sold his property a month... View More

John Michael Frick
John Michael Frick
answered on Jan 29, 2024

If you have been the guardian of your grandfather and his estate for that long, the court that appointed you 10 years ago must have determined that your grandfather was incapacitated and that a guardianship is necessary. Your grandfather's incapacity probably provides a valid basis to set... View More

1 Answer | Asked in Elder Law for Texas on
Q: A man intentionally and knowingly steals property From a elder man.

So a man knowingly and intentionally steals my father's property which he is an elder man. Wild story a man buys a propety next to my father's and for some reason he starts to build a 430,000 dollar home. he found out after he puts down the concrete allegedly than he continues to build... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023

I understand your concerns about the situation involving your father's property. If you believe that someone intentionally and knowingly stole your father's property or engaged in fraudulent activities, you should consider taking the following steps:

Contact Law Enforcement:...
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2 Answers | Asked in Estate Planning and Elder Law for Texas on
Q: Our family trusts, healthcare proxy, etc need update to address and daughter's last name. Codicils okay? Or rewrite all?
Nina Whitehurst
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answered on Nov 13, 2023

It sounds like daughter has changed her name. None of the documents you mentioned need to be mentioned solely for that reason. When the time comes she can easily prove she is the same person as the one named in those documents.

But if you have other changes then best to replace them all...
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2 Answers | Asked in Estate Planning and Elder Law for Texas on
Q: Our family trusts, healthcare proxy, etc need update to address and daughter's last name. Codicils okay? Or rewrite all?
John Michael Frick
John Michael Frick
answered on Nov 13, 2023

While you can use a codicil to update your wills, it will make things easier and more clear for your heirs, trustees, proxies, and the court if you simply rewrite them how you want them to be now. Once you update them, collect all of the old ones and discard them.

I have actually had a...
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3 Answers | Asked in Criminal Law and Elder Law for Texas on
Q: I've been charged with a crime and the lawyer wants to talk to me should I speak with them with her without my lawyer

I have not been indicted I'm just charged and I want to know if I should speak with the detective about my case

Daniel Patrick Clancy
Daniel Patrick Clancy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023

The simplest answer is, "absolutely not"! It would help to know more about your case. Where is it, what is the charge, and when did the offense allegedly occur? I might be able to offer a little more advice with the additional information, but it's never a good idea to meet with law... View More

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3 Answers | Asked in Criminal Law and Elder Law for Texas on
Q: I've been charged with a crime and the lawyer wants to talk to me should I speak with them with her without my lawyer

I have not been indicted I'm just charged and I want to know if I should speak with the detective about my case

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 3, 2023

Never speak with any police officer in a case where you're even merely a suspect or "a person of interest". Although your question is worded in a way that makes it largely unclear, what is clear is that you seem to be suffering from a very real misundertanding of your present... View More

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1 Answer | Asked in Probate and Elder Law for Texas on
Q: My mother recently passed away in New Boston Tx, I live in Ca. Do I need to be in Texas to probate her estate?

Also after she died, someone she knew took both of her vehicles and has refused to return them. I've called the police and they said I need a court order for them to retrieve them. How can I obtain one? Do I need to be in Texas to do so?

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

You should hire a probate attorney in or near New Boston to probate your mother's estate. Since you reside out-of-state, you will need to designate someone in Texas as the registered agent for service on your behalf if you want to serve as the personal representative of her estate. Once you... View More

1 Answer | Asked in Elder Law for Texas on
Q: I'm trying to change my beneficiary on my life insurance and I was told that I needed an attorney not notory
John Michael Frick
John Michael Frick
answered on Jul 18, 2023

It would be highly unusual for you to require the services of an attorney to change the beneficiary on your life insurance policy. Most reputable insurance companies have their own form for a change of beneficiary. A customer service representative for your life insurance company ought to be able... View More

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Texas on
Q: My brother has taken mom to another county. She has slight dementia. How can I get her back. Welfare check NOT work.

My 2 brothers are colluding to sell mom's house from under her & take her money. They've taken her to nearby county. They lie to her & she doesn't realize what they're doing. How can I get her back to her own home? Police/welfare check NOT WORK.

Already tried... View More

John Michael Frick
John Michael Frick
answered on May 19, 2023

Go to where she is, pick her up, and give her a ride back to her house. Then either stay with her or hire someone to check on her daily to make sure she is able to properly care for herself in her own home.

Without her signature or her permission via a power of attorney, your two...
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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Texas on
Q: Texas - Medical Power Attorney The standard form has main agent and 2 more agents. Is OK and Legal to add 3rd agent?
Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... View More

1 Answer | Asked in Banking, Elder Law, Health Care Law and Estate Planning for Texas on
Q: My brother is in control of my trusts. Power of attorney over my bank account. How do I get rid of power of attorney?

He is angry at me and has denied me funds. Also has been able to get information from my health insurance company, Aetna. Found out his address is listed on my bank and insurance information to be sent to him.

John Michael Frick
John Michael Frick
answered on Apr 18, 2023

You have two issues.

First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.

You can have your brother removed as...
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1 Answer | Asked in Contracts and Elder Law for Texas on
Q: How can I get out of enrolling in life insurance that I don't want after the initial payment has come out of my savings

I spoke with the financial planner about long term care insurance. When he called to tell me I had been approved and he got my bank info, he said the initial payment was $1650. I told him I couldn't afford that much per month, especially since I had not seen any details and had not agreed to... View More

John Michael Frick
John Michael Frick
answered on Mar 9, 2023

Run.

First of all, a financial advisor who is a fiduciary DOES NOT SELL YOU FINANCIAL PRODUCTS! He advises you what types of financial investments you ought to make, but never ever sells you products. He is only selling his expertise and advice.

Second, long term care insurance...
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1 Answer | Asked in Consumer Law and Elder Law for Texas on
Q: Can a lawyer invoice you without a representation agreement?

My mom has a legal issue. She's not technically inclined. I found an attorney who might be able to help her and filled out the contact form on their website. The attorney responded back and asked me to explain the issue. Once I did, they said she should come in for a free consult. She met with... View More

John Michael Frick
John Michael Frick
answered on Feb 11, 2023

A lawyer is entitled to charge a reasonable fee for legal services performed at a person’s request.

Some lawyers agree to review documents sent to them via email before an initial consultation, and may even agree to perform some preliminary research. It sounds like this happened in this...
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2 Answers | Asked in Family Law and Elder Law for Texas on
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... View More

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

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...
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1 Answer | Asked in Elder Law for Texas on
Q: My mom recently and suddenly became very ill. She is not of sound mind and doesn't communicate. Not sure what to do next
Tim Akpinar
Tim Akpinar
answered on Jan 19, 2023

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your mother's illness and your difficult situation. If you reached out to Texas attorneys who handle elder law and related matters, they are knowledgeable in such matters. They should be able... View More

1 Answer | Asked in Elder Law, Family Law and Health Care Law for Texas on
Q: What type of attorney would you need for hippa violation, elderly, disabled abuse, illegal search in hospital setting

Search of personal property, search of home, seclusion, emotional and mental abuse of disabled elderly, falsification of records in a hospital setting?

John Michael Frick
John Michael Frick
answered on Dec 7, 2022

There is no single answer to your question.

HIPAA violations are investigated by the HHS Office of Civil Rights. Because there is no private cause of action for individual patients, any lawyers involved would be government employed health law attorneys.

Elderly disabled abuse is...
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1 Answer | Asked in Elder Law and Estate Planning for Texas on
Q: my wife is deep in dementia and living in a memory care facility. while she was in the hospital last july, my eldest

daughter had a durable power of attorney drawn up, nameing herself as my wife's agent. she did this without my knowledge or consent. Question: how do i or can i have this document cancalled and draw up my own?

John Michael Frick
John Michael Frick
answered on Oct 24, 2022

If your wife has dementia, any power of attorney she may now sign is subject to challenge because she may lack the mental capacity to understand what she is signing.

A better choice would be to apply for a guardianship of her person and estate.

1 Answer | Asked in Estate Planning and Elder Law for Texas on
Q: I live in Texas. Should I file a homestead declaration, or is not necessary? Thanks.
John Michael Frick
John Michael Frick
answered on Nov 13, 2023

Yes. It will significantly reduce your property tax liability.

1 Answer | Asked in Consumer Law, Business Law, Elder Law and Energy, Oil and Gas for Texas on
Q: I have an elderly neighbor who was overcharged for solar panels. Can he sue for any recovery of the diffetence to ave?

He also was not properly advised how to get savings and his bill went up from what it was. Plus he was not advised to change insurance coverage and was denied assistance when damaged diring warranty period.

Aimee Hess
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Aimee Hess
answered on Oct 13, 2023

A consumer law or energy attorney will need to review his contract and loan documents in order to determine what his rights are.

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