How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Attorney
Category: Family Law
Satisfied Customers: 31782
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Family Law Question Here...
Roger is online now
A new question is answered every 9 seconds

My sister and brother-in-law, both attoneys have POA (given

This answer was rated:

My sister and brother-in-law, both attoneys have POA (given by my father when we thought he was competent, after my mother died) and possibly durable POA (they sold his homes). My father is now interned in a dementia center as per my sister. As far as I know, there has never been a competency hearing for my father. She has signed a paper stating that no one, including family can take him for rides or visits without her permission. How can I find out what kind of POA they have, if there has been a competency hearing for my father, and if they can indeed keep him from going out with other family visitors? This is all in Texas

A copy of any POA they have should be filed in the county records of his residence. This is usually filed with the probate court of family law court. Also, any competency hearings would also be heard in his county of residence. You could ask the court clerk to check for his name on the docket books.


He does not have to be found incompetent in order for them to use their powers of attorney. However, he would have to be competent to sign the POA's. If he was incompetent at the time the POA's were signed, they would be invalid.


If your sister or brother has a valid POA, they can put restrictions like this on him legally, and there's really nothing that can be done. The only way around their actions would be to file suit for abusing the POA authority and have their powers removed. This is extremely rare and usually only occurs if there is proof of self-dealing, fraud, embezzlement, etc.

Roger and other Family Law Specialists are ready to help you