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Roger
Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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My sister and brother-in-law, both attoneys have POA (given

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My sister and brother-in-law, both attoneys have POA (given by my father when we thought he was competent, after my mother died) and possibly durable POA (they sold his homes). My father is now interned in a dementia center as per my sister. As far as I know, there has never been a competency hearing for my father. She has signed a paper stating that no one, including family can take him for rides or visits without her permission. How can I find out what kind of POA they have, if there has been a competency hearing for my father, and if they can indeed keep him from going out with other family visitors? This is all in Texas
Submitted: 4 years ago.
Category: Family Law
Expert:  Roger replied 4 years ago.

A copy of any POA they have should be filed in the county records of his residence. This is usually filed with the probate court of family law court. Also, any competency hearings would also be heard in his county of residence. You could ask the court clerk to check for his name on the docket books.

 

He does not have to be found incompetent in order for them to use their powers of attorney. However, he would have to be competent to sign the POA's. If he was incompetent at the time the POA's were signed, they would be invalid.

 

If your sister or brother has a valid POA, they can put restrictions like this on him legally, and there's really nothing that can be done. The only way around their actions would be to file suit for abusing the POA authority and have their powers removed. This is extremely rare and usually only occurs if there is proof of self-dealing, fraud, embezzlement, etc.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26394
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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