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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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My mother was diagnosed with stage 5 breast cancer. While

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My mother was diagnosed with stage 5 breast cancer. While she was living in her home with my father, she had fallen twice. He does not care for her so we moved her to one of my sisters where all of us can take care of her. My mother is 73 and is of sound mind. My father has threaten that he will come get my mother and make sure we don't see her. We have an advanced directive, power of attorney. She has recently been diagnosed and now we are currently getting her set up with the oncologist and a new PCP. What legal rights do we have? Should we make a report with the Police as well as Adult Protective Services? With this last fall he failed to take her to the hospital. She incurred broken ribs and a very large gash under her breast. We have documentation from 2006 when he left her on the floor and told us to come get her. She was rushed to the ER with Calcium poisioning. Please advise a course of action. Also, should we get a court order preventing him from selling or disposing of her personal property while she is under going treatment

ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : What legal rights do we have? - Technically, you don't have any rights under the law EXCEPT for what your mother or a court grants you. If your mother is of sound mind, then she can give you the advanced directive, power of attorney, etc... and that will overrule any rights that your father would have to control her medical care. Since you have these documents, he would actually have to go to court to overcome the presumption that they're effective and binding. He would need to show that she did not have mental capacity to enter into these legal relationships (of power of attorney, etc...) and that these documents would therefore be null and void. Now that being said, it's not required that the medical providers, etc... accept the POA, and in that regards, XXXXX XXXXX be required that you go to court and get a guardianship. But if you're not having any trouble with hospitals, providers, etc... then this is not yet an issue.
ScottyMacEsq : As for selling of personal property, that is a bit more problematic. You see, Texas is a community property state. Only property that was acquired prior to marriage, or by gift, devise or descent (i.e. inheritance) would be "her" personal property.
ScottyMacEsq : Otherwise, it would be subject to Texas community property laws.
ScottyMacEsq : Now there could be a court order that would be sufficient to order him not to sell or otherwise dispose of any of these personal items, but that would typically be part of either a divorce or a guardianship proceeding.
ScottyMacEsq : For a guardianship, you would need to show that she is not legally competent to care for herself and/or her financial affairs.
ScottyMacEsq : If she is competent, then the only other proceeding that could stop him from selling these assets would be a divorce, and I don't know enough about their situation to see if that really is a possibility.
ScottyMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Customer: perfect thank you
ScottyMacEsq : My pleasure! If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
ScottyMacEsq : Did you have any other questions before you rate this answer?
ScottyMacEsq : Are you there? Please note that I am still here, awaiting your response.
Customer: where do I submit
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