Legal Question in Civil Rights Law in Texas

The care for a parent with old age.

My question is, if you have a parent that is having problems remembering things now. And a doctor has said that it is the first stage of alzemhers, but the parent does not want to beleive it. She has stop calling members of the family, but we beleive it is caused by a boyfriend that is staying with her at this time. We feel that he has poisoned her mind by telling her that we do not care for her just for her money. Now she has turned against us, and has had an attorney to void our POA and has stated that if we are at her property that we will be arrested for trespassing. We do not have the money to go to court to stop the boyfriend for taking advantage of her, Phyical, finanical

The home has been deeded to her son with her haveing living rights to live there, But that was done to keep her out of the nurseing home. But the boyfriend threatens the kids to stay away and to leave them along what can we do? If any thing.


Asked on 6/14/03, 7:25 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: The care for a parent with old age.

Since the hostility may not be caused by the boyfriend, but the mental deterioration, you might consider a guardianship proceeding in probate court.

What happens is, her children (next of kin) go into court and ask the court to take over responsibility for her affairs by appointing an attorney to look after her interests.

The doctor will come in and testify about her mental deterioration, her attorney will seek to protect his right to represent her and the boyfriend will leer at you from across the room, no doubt.

But, although it's not certain that the court will do it, it may be your only option. If relations were good between you, I wouldn't suggest it, but it sounds like you have little to lose.

See a few attorneys in your area who regularly practice in probate doing PAID guardianships (as opposed to appointed), and ask them what they think. Then, you can decide whether to pay an attorney, or request that one be appointed by the court.

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Answered on 6/15/03, 11:06 am


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