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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102496
Experience:  Fully licensed attorney in Texas in private practice.
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I'm my Mother's POA. She is in a nice facility and I want to

Customer Question

I'm my Mother's POA. She is in a nice facility and I want to keep my Aunt from causing them problems. She's a control freak. The place said I need a Guardianship paper. What is a Guardianship paper and how do I get one?
Submitted: 1 year ago.
Category: Estate 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.

I am sorry to hear about your mother's situation. As her guardian, you will be able to override her decisions, make decisions for her, and get her the help she needs. It would be as though she was a minor. You'd file a petition with the court, serve all interested parties, and have a hearing. The Court will appoint you in the best interest of the ward, if the Judge agrees to this. You'd have to serve all immediate relatives, the aunt included, and they can decide not to become involved, or reply and support or not support the petition, and possibly introduce another candidate for guardianship such as themselves. The judge makes the final decision.

For more, see HERE.

Counsel is recommended but not mandatory. The main form for the petition for guardianship may be found HERE. But this is only a part of a complicated process that can take months to be finished.

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!