Legal Question in Wills and Trusts in Texas

Care For Elderly

My wife has a general power of attorney for her mother. Her mother is approaching the point where decisions may need to be made regarding her care such a putting her into a skilled care facility.

Question:When do you need guardianship rather than a power of attorney


Asked on 4/23/02, 9:44 am

1 Answer from Attorneys

Eliseo Rico III The Law Office of Rico & Associates

Re: Care For Elderly

I understand you have a general power of attorney. Assuming this power of attorney is in the form of a statutory durable power of attorney, this would give you what you need with respect to handling her financial affairs; however, with respect to making health care decisions on her behalf you will need a durable power of attorney for health care. A guardianship would most likely be more expensive and time consuming.

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Answered on 4/23/02, 11:25 am


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