My issue is in Texas and deals with Texas Law. I am not sure if I need the advice of a lawyer that specializes in probate law or family law. My elderly parents live in Texas. Both are in a nursing home. I live in Michigan. I would like to move them closer to me (in Michigan). My sister-in-law has been their primary caregiver and is listed first on their power-of-attorney. I am also listed on their power-of-attorney. My sister-in-law & I have an estranged relationship. We do not communicate well at all. My parents have a trust and will which my sister-in-law is not a beneficiary. However, I want to know about their assets (particularly their cash assets). I have requested for information and have been stonewalled. I was a signer to access their safe deposit box and she went down and changed that to where I cannot see their trust documents. My question: Do I need to talk to a probate lawyer or a family lawyer (or one versed in both disciplins) to get access to their assets and get them moved. Essentially I want to take over as their primary caregiver (guardian) without having to go to court.
If you are back-up POA, then you would only have authority to act if the primary was incapacitated and unable to act, was removed by your parents, or resigned. Otherwise, you wouldn't have any legal authority to step in and act on their behalf.
If that is the case, then your recourse would be to petition the court where they are located for guardianship over them. There is no other way other than going to court if sister-in-law does not agree to resign. That would give you full legal power over them and their assets and revoke any other POAs. You would need a probate attorney in TX to assist with filing the petition.
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