Legal Question in Wills and Trusts in Texas
Mental incompetence
Doctor declared mom mentaly incompentent. Do I have to have the state also declare her legaly incompentent?
Asked on 5/01/08, 11:35 pm
2 Answers from Attorneys
Donald Nemec
Law Office of Donald C. Nemec
Re: Mental incompetence
If you are wanting to establish guardianship over Mom (either guardian of the person, of the estate (finances), or both) then yes, you would need to get an attorney to help you by filing a petition with the probate court for a competency hearing. My firm can help you with this process and our rates are affordable. Let me know if you would like our assistance.
Answered on 5/02/08, 11:12 am
Patricia F. Bushman
BUSHMAN LAW OFFICES
Re: Mental incompetence
If your mother executed a Durable Power of Attorney and a Medical Power of Attorney while she was still competent you may be able to avoid having to establish formal guardianships.
Answered on 5/02/08, 2:58 pm
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