Legal Question in Elder Law in Texas

My sister who has poa over my mother who has alzheimers and currently lives with her & her husband...recently changed moms will to favor her & removed my brother & myself from executive & guardianship should she pass before my mother. Mom's alzheimers is borderline severe and should be in a care facility. Sister doesn't want to spend mom's money to do this....though there is plenty to do this. I believe sister may be using more than the monthly $ she takes for mom to live with them. I need to know if there is a crime of coercion on her part when she changed the will with moms diminished mental capacity. She is on antipschotic drugs for paranoia & aggressiveness as well as alzheimer drug therapy. Is there a crime here and how do I protect her assets for her care in a facility? My sister is financially comfortable but hates her inheritance to be used for nursing homes.


Asked on 1/21/11, 7:32 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

This is not an appropriate place to try to answer your questions.

You need to sit down with an experienced elder law attorney and discuss your problems.

It does sound like you have a possible case.

There are attorneys that specialize in the elderly.

You don't state where you live in Texas.

There is the possibility of guardianship for your mom.

However, I recommend that you talk to an experienced attorney in this area of the law before your proceed.

Do it now!

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Answered on 1/26/11, 7:57 am


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