Thank you for your clarification. The issue here is that the Power of Attorney may not have been lawful
if the mother had moments of confusion and forgetfulness.
If the grantor of the Power of Attorney did not understand what they had signed, then, the POA is not valid. This is because one has to understand the contract that they sign in order for them to be bound by it. Storey v. Hayes, 448 SW 2d 179 - Tex: Court of Civil Appeals, 4th Dist. 1969
. This keeps individuals with mental incapacity from being taken advantage of.
The issue is that the relief is post facto
, meaning an interested party (such as your wife) has to file in Court to void the POA. The POA is presumed valid
unless proven otherwise.
This may be done by filing for guardianship
of the mother. See here
. As part of the matter, the Court may void the POA, and give your wife or another interested and capable party the ability to make decision for the mother's behalf. However, this does involve doing to Court. If finances are an issue, I can recommend three resources. First, here is a list of all pro bono work in the state...http://www.abanet.org/legalservices/probono/directory/texas.html
…and another list:http://www.lawhelp.org
Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:http://www.hg.org/law-schools-texas.aspwhat bothers me is her Will states everything is to be equally divided among the daughters but the older daughter is acting like it's all hers alone. Her mother is still alive but that daughter is spending all the money. There will not be anything left for the two sisters.
The sister's POA may be voided by your wife filing for guardianship, but, this does involve going to Court, I am afraid.
Or, she can simply file a petition non compos mentis
with would seek to invalidate the POA but not give anyone guardianship, but, this would require going to Court, still.
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