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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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

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

No. Ask yourself this question: Before your mother had dementia, would it have been alright for her to include your sister's name on all of her bank accounts? A durable power of attorney gives the attorney-in-fact (your brother) the same rights as the person who signed it (your mother).

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

The county where your mother resides is the proper county for filing the guardianship. Depending on where you live you may be able to look up the case online. You will want to file an answer to his filing in that same court under the case number you find.

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... View More

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

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... View More

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... View More

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... View More

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... View More

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

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... View More

It depends on what the POA states, Find out id your dad knows she put her name on his account, You may want to open a new bank account for him,

I had a case that I recently worked on that involved a similar situation. I think you should hire an attorney to represent you. Work with the attorney you choose to develop a legal strategy and execute the strategy effectively.

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.

If the is a state jail case he maybe able to get 20 percent off otherwise it is served day to day

Section 92.109 of the Texas Property Code describes your remedy. A landlord who in bad faith retains a security deposit in violation of the law is liable for an amount equal to $100, three times the portion of the security deposit wrongfully withheld, and the tenant's reasonable attorney fees... View More

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... View More