Legal Question in Family Law in Texas

my mother who is 87 years old has given durable and medical power of attorney to a "neighbor" friend. I am her only son. She is now in the hospital and her health is declining. Do I have legal recourse?

She did this because she was upset with some conversations that we had regarding going to a nursing home. She i believe acted on her feelings and did not think about the situation.

Do i still have any right(s) in this situation?

Asked on 10/15/13, 1:55 pm

1 Answer from Attorneys

Thomas Daley Power Daley PLLC
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You could seek guardianship over her, if she is not competent to make her own decisions.

But to be frank, if you told this exact story to a judge, you'd probably lose--it looks like she wanted to give someone else power to make decisions for her because she didn't like or trust the decisions you would make, no matter how reasonable you think those decisions might be. She's entitled to disagree with you and appoint other agents.

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11/01/13, 2:18 pm

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