Legal Question in Elder Law in Texas

Durable Power of Attorney and Guardianship

Caretaker for 87 yr old grandmother 14 months, have durable poa and medical poa for TX. She has dementia determined 10 months ago. Don't want other relatives removing her from nursing home to try to care for as they are incompetent and just want her income. She is willing to agree to guardianship, will this stop anyone from taking her out of nursing home? She has very little assets already disposed of to the people she wanted to have them. All I have is her pictures that she gave me. I have full control over her small Social Security Check and her expenses since the dementia has worsened. Can she still have a say in her guardian and on agreement can I still have the durable poa and medical poa while my sister could have the guardianship for what happens to my grandmother as far a nursing home? We are in agreement.


Asked on 11/18/02, 1:50 am

1 Answer from Attorneys
Laura D. Heard Law Office of Laura D. Heard

Re: Durable Power of Attorney and Guardianship

You should ask an attorney to review the medical power of attorney and make sure that it is valid and gives you all the powers you need. If your medical power of attorney follows the current standard form given by statute, you already have the power to determine her nursing home care. The beauty of a good, durable medical power of attorney is that it can be used to AVOID guardianships. Guardianships are expensive and cumbersome, but sometimes necessary if there is no power of attorney. If anyone tries to open a guardianship in this case, you could use the power of attorney to argue that guardianship is unnecessary. The power of attorney indicates her desires and gives you the right to make any decisions for her benefit that she could have made herself.

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Answered on 11/23/02, 12:55 am


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