Login|Contact Us
Question and Answer

Estate Law

Ask an Estate Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

My older sister has power of attorney for my 93 year old Mom.

 
psimmons's Avatar
  • Answered by:psimmons
  • Attorney
  • Positive Feedback: 96.5 %
  • Accepted Answers: 731
Verified Expert
in Estate Law

Recent Feedback

Positive
Very substantive response and gave direction on the next step.
Positive
nice to work with--expresses really bad news in a gentle way
Positive
I am very pleased with the speed I received this info back. The answer is easy...
Positive
fast asnwers--very professional--nice to work with
Positive
Rapid and accurate responses - very helpful and knowledgeable! Saved me quite a...
Positive
This is helpful! Thank you.
Positive
Thank you again for your advice, Valerie
Positive
I was pleased with the service. Sorry you have to deal with an idiot like me....
Positive
Type your review here...
Positive
Type your review here...

Customer Question

My older sister has power of attorney for my 93 year old Mom. She is no longer able to take care of her and wants to put her in a Respus, (nursing Home?). Can that power of attorney be changed so she can come live with me. I have two other sisters who do not want our Mom to go to a nursing home.

 

Optional Information:
State/Country relating to Question: Texas

Submitted: 507 days and 4 hours ago.
Category: Estate Law
Value: $43
Status: CLOSED
Picture
Expert:  psimmons replied 507 days and 4 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Tell me, is mom competent? Able to think and reason for herself?

Customer replied 507 days and 4 hours ago.

 

She is able to walk with a walker most of the time. Sometimes her knees will not allow her to walk. She seems to be fine through the day, but she gets mixed up at night time. Not all nights though. It just comes and goes with her.

 

Picture
Expert:  psimmons replied 507 days and 4 hours ago.

Then mom can (and perhaps should) revoke the power of attorney.

A power of attorney can be revoked at any time for any reason or for no reason at all.

It sounds like perhaps mom should consider doing just that...or at least revising the POA to limit the power that the sister has.

So long as she is competent, she can (and should) be making these decisions herself.

Any local attorney can draft up the revocation for the POA...it is very simple to do.


Customer replied 507 days and 4 hours ago.

I don't think she can make that decision on her own. She just does what anyone ask her to do and it doesn't matter who it is. Even if it is not family. She does not seem to know the difference.

 

Picture
Expert:  psimmons replied 507 days and 4 hours ago.

Thanks

If she is not competent?

Then you would need to go to court. The court (your county court) can, and will if you show them it is needed, appoint someone to act as a guardian for her affairs.

What you describe? If mom is not competent, you need to go to court and have the court appoint you as guardian.

Then you can step in and take care of mom and protect her from your sister.

A local attorney can help you file this with the county court.

Customer replied 507 days and 3 hours ago.

My 93 year old Mom lives in West Virginia with my 73 year old sister. I live in Texas. I am 63 years old. Do I have to go to court in West Virginia or can I go in Texas?

Accepted Answer

Picture
Expert:  psimmons replied 507 days and 3 hours ago.

You have to go to WV. Since mom is in WV, you need to go to court in WV. That is the state with jurisdiction.

So you will need to hire a WV lawyer to prepare the case.

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 96.5 %
Accepts: 731
Answered: 12/12/2011

Experience: Estate Law Expert

Ask this Expert a Question >
 
Tweet

12 Estate Lawyers are Online Right Now

Ask Your Question Now
Estate Law Questions Date Submitted
PR-fvh 4/16/2013
BRITISH COLUMBIA Estate Law is what we need. My InLaws have 4/10/2013
In Washington State Estate Law which takes precedance regarding 4/6/2013
What penalty if any can be charged when property is willed 3/29/2013
Hi I have a few questions regarding family/estate law 3/25/2013
RA-sa 3/14/2013
My ex husband died a month ago. My step son was the trustee. 3/13/2013
I am the executor of my late husbands will in Maryland and 3/12/2013
If there is no probate action initiated, who signs a deceased 3/12/2013
My husband of 34 years passed away in April of 2010 and his 3/11/2013
RSS
Next 10 >
Ask an Estate Lawyer
Type Your Estate Law Question Here...
characters left:

Top Estate Law Experts

See More Estate Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask an Estate Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
198 Estate Lawyers are Online Now
Type Your Estate Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan