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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101552
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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HB 89 years of age lived in Texas and does not have any

Customer Question

HB 89 years of age lived in Texas and does not have any children.
HB had an onset of dementia and was a victim of elder financial exploitation.
HB’s family went to court and obtained guardianship of the person and the estate. HB’s niece who lives in another city in TX is the guardian. The Texas guardianship is only valid in Texas. Her brother who has a durable POA with no restriction lives in MD.
HB’s family relocated her to her second residence in NC her home state, 18 months ago.
HB is now a residence of NC. There is no dissent within the family. The brother with the POA can handles most of her affairs.
Can the HB’s family terminate the guardianship in Texas without obtaining a guardianship in NC?
Does Texas have a law (regulation) preventing the termination of the guardianship?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The Texas guardianship is only valid in Texas.

This is not true. Under the Full Faith and Credit Clause of Article IV, Section 1 of the United States Constitution, the Texas order for guardianship is recognized in another other US state. The only thing one has to do is to file to domesticate it in that state as a formal step. But even without that, the order arguably has power in another state. Under that clause, states give authority to each other's "public acts, records, and judicial proceedings of every other state."

Her brother who has a durable POA with no restriction lives in MD.

Arguably, that POA has been voided by the court ordered guardianship. If not, then it may be rescinded formally by the guardian on her behalf, if he wanted to.

The brother with the POA can handles most of her affairs. Can the HB’s family terminate the guardianship in Texas without obtaining a guardianship in NC?

Understand that his POA is presumed valid, but if it was signed after she had the onset, then it may be void. However, it is presumed valid until/unless challenged in Court.

HB's family can indeed terminate the guardianship in NC, but they'd first have to domesticate it (as mentioned before). Or, they can terminate it in Texas (which would involve travel to the court, possibly).

Does Texas have a law (regulation) preventing the termination of the guardianship?

No. However both TX and NC let the Judge make that decision. If the Judge feels that HB still requires guardianship, they may deny it being terminated, or more likely, would simply appoint a court-appointed guardian instead of the family member who wishes to stop down.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!
Customer: replied 1 year ago.
Thank you
The answer is sufficient.D. Hales
Expert:  Ely replied 1 year ago.
D,
Thanks. Good luck, and please don't forget to rate my answer in one of top three faces and then actually SUBMIT – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.