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How do I know if a relative is seeking power of attorney?

Discussion in 'Power of Attorney & Living Wills' started by texian, Sep 28, 2019.

  1. texian

    texian Law Topic Starter New Member

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    Son 1 and his early-dementia mother live in one Texas county. Son 2 lives in another Texas county and may be seeking power of attorney in his local court. How does Son 1 find out about this and possibly intervene?
     
  2. army judge

    army judge Super Moderator

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    Texas doesn't grant POA through her courts.

    I imagine you're asking about "conservatorship" or "guardianship" of your elderly, impaired mother.

    If that is the case, there should be a court filing available to the public in the court where the action is filed.

    If you can locate the filing, you can file a petition to object to the "conservatorship".

    I suggest you speak with an attorney near you about this matter, retain her, and instruct her to object to whatever it is that is "rocking your little boat".

    A guide to adult conservatorship or guardianship in Texas:

    https://hhs.texas.gov/sites/default...ormation/guardianship/pub395-guardianship.pdf
     
  3. zddoodah

    zddoodah Well-Known Member

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    If someone has filed a court proceeding, the way to find out about it is to check the records of the court where the matter is likely to have been filed. However, one does not "seek[] a power of attorney in [a] court." A power of attorney ("POA") is a document by which one person (the principal) grants another person (the agent or attorney-in-fact) authority to deal with third persons on behalf of the principal. If there's a court proceeding, it would be for a guardianship or conservatorship (not sure which term is used in TX).

    Also, whether you have standing to intervene depends on what your relationship is to the people involved.
     

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