Legal Question in Elder Law in Texas

incompetent adult

there are 3 power of attorney's.the oldest brother wants to make himself guardian. After he becomes guardian can change the will or disinherit his brother


Asked on 1/26/09, 7:35 am

1 Answer from Attorneys
David Leon David L. Leon, P.C.

Re: incompetent adult

Although a guardian/power of attorney holder cannot make a will for the ward, a power holder could remove assets and deplete the estate. If the power holder is not acting in the best interest of the ward, then the powerholder could subject himself to some serious liability for breach of fiduciary duty. If you're truly worried, you make seek a judicial guardianship of the ward (go to probate court) and have the court determine the best interests of the ward.

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Answered on 1/26/09, 11:29 am


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