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