Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

Dad died when I was 13 and my mom is 101 years old. I am her

Customer Question
only child and I do...
Dad died when I was 13 and my mom is 101 years old. I am her only child and I do love my mom. 10+ years ago mom had to go to the hospital for two weeks. Upon checking her in, mom told me I was the only one she trusted to make decisions for her and asked me to get power of attorney and medical power of attorney for her to sign so I paid an attorney to make up the paperwork. I was already aware that mom was writing $1500 a month "C.A.S.H." checks to a neighbor named Judy that had been borrowing money from mom. Mom asked me to bring $1000 in cash to the hospital and I did as told. I brought the money and the papers for her to sign. Judy was a notary so I asked that she notarize the papers at the hospital. When I gave mom her the money, she handed it to the neighbor to, "mow the yard"...a $25 job. As I was asking mom to sign the papers she had asked for, without being asked her opinion, Judy told mom if she signed, mom would lose all control of everything. That was a lie, but Mom then said she would need to look over the papers. I ask Judy about her comments and she said as a notary she had to be sure my mom understood what she was signing. On my next visit to the hospital a week later, I asked mom if she signed the papers so I could start getting the house prepared with special improvements for her return home. I was also going to put the hose in a "trust" to protect it from being taken if mom had to go to an old folks home, but Mom's attitude had turned 180 degrees to total distrust of me. She said, angrily shaking her finger at me, "I will never let anyone get that much control of my life." Judy had poisoned my mom against me. The doctor said mom also had dementia. It got worse from that point on with mom removing me from her bank account and putting another person named Rachel, who had suddenly showed up in her life on her account. Another neighbor named Mrs. Furlow had contacted me months earlier with concerns that Rachel was getting too much control over mom. In a recent phone conversation, mom said she was leaving her half of the house to Rachel. Later she talked about dying or going to an old folks home and turning over the house to the old folks home. I live 15 miles away, but until recently had no car to drive and for 25 years I have had to care for my very ill wife who I can not leave alone for fear of dying. Mom's house is my only inheritance and was going to be sold to pay back my son who has been helping us for years just to survive. Mom has other ways to pay the old folks home if needed, so how can I protect the house from being sold to the old folks home or Rachel getting it and get control to take care of mom?
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 hour by:
9/24/2015
Family Lawyer: N Cal Attorney, Attorney replied 2 years ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,525
Experience: since 1983
Verified

You could start by giving that information to APS, see

https://www.dfps.state.tx.us/adult_protection/

It sounds like Judy and Rachel are guilty of financial abuse of your mother.

Then, you may want to discuss imposing a guardianship, see

http://texasguardianship.org/guardianship-information/faqs-2/

If she has dementia, she needs a guardian.

You can get a free consultation from some of the guardianship attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

Ask Your Own Family Law Question
Customer reply replied 2 years ago
I will respond to easy of your suggestions."You could start by giving that information to APS, see https://www.dfps.state.tx.us/adult_protection/"
APS is nearly useless. I called them on 2 occasions in the past. Most recently for 32 year old young man I knew who had cancer and had no way to get to the doctor. This young man lived with his father and had the maturity of a 15 year old, no drivers license and was 100% obedient to his father's wishes. His father was old school Japanese and allowed him no visitors and refused to take him to a doctor. When I found out, I called APS which went to his house, knocked on the door, talked to neighbors and left a business card on his door....and did nothing more because they could not contact him. The young man got little if any doctor treatment and died. APS did nothing to help. Several years ago O called APS about my mom. They went to talk to her and said she had her mind and refused any help. My mom thinks coherently 80% of the time, but the other 20% she gives things away for pennies on the dollar or for free, writes check for crazy money to people to bail their kids out of jail, loans money to them and then complains to me about it, but doesn't want to do anything to "make them mad" because they "help" her. APS said they could do nothing as long as my mother refused help. I already knew about getting guardianship, but was told it would be a fight if my mother fought it. The way it is now it appears that Rachael and Judy are caring for my mom...to a point, but just enough to make her dependent on her and look like they are helping. I have no way to even go out and work because my wife is so ill, so I surly can not get to my mom's house 15 miles away to deal with her. I am an only child and half the house is mine, but dads will was never probated and when he dies in 1970 mom just stayed at the house. When she went to the hospital for two weeks, the power of attorney was for allowing me to make decisions for her, which was to get her whole house equipped with all the features she needed to live there, like a special bathtub, hand rails, narrow wheelchair and other things, but when she turned rabid on me, it was all for nothing. I also was going to set up a trust that would have protected the house from being grabbed by any rest home she might have to go to...but it had to be enforced for 2 years before it would work...and again, with no power of attorney, I could not make it happen. Mom takes bad advice all the time. She is the type who would buy the X-Ray glasses off the back of the comic book because a neighbor said it was a good idea to save on a doctor X-Ray. Mom also has a bad habit of demanding her way only, and will not stop talking till you agree with her. Once Judy slapped her to shut her up. I have never laid a finger on her. Gaurdianship is an idea I already tried. So far this "Just Ask" is not any help. Thanks for trying.It sounds like Judy and Rachel are guilty of financial abuse of your mother.Then, you may want to discuss imposing a guardianship, seehttp://texasguardianship.org/guardianship-information/faqs-2/If she has dementia, she needs a guardian.You can get a free consultation from some of the guardianship attorneys listed by location here.Please follow up on this with a local attorney.I hope this information is helpful.
Family Lawyer: N Cal Attorney, Attorney replied 2 years ago

You can still file a probate case on your father's estate but his Will will not be enforced, see

http://info.legalzoom.com/long-probate-texas-4733.html

As for your mother, it sounds like she needs a guardian and I still urge you to discuss that with a local attorney.

Ask Your Own Family Law Question
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,525
9,525 Satisfied Customers
Experience: since 1983

N Cal Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I need to be at a guardianship hearing where my sister
I need to be at a guardianship hearing where my sister petition for guardianship of my father. He has been deemed incompetent but her lawyer says my father agreed to her being guardian. My father call… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
How do begin the course of action to obtain guardianship for
how do begin the course of action to obtain guardianship for developmentally challenged youth?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I may nedd to request an emergency guardianship of my great
I may nedd to request an emergency guardianship of my great nephew over the weekend. What is the procedure for going nefore a judge over the weekend? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am seeking to get temporary guardianship of my nephew, as
I am seeking to get temporary guardianship of my nephew, as is my mother the child's grandmother. (Basically third party custody). I need guardianship for the time being so that I can enroll my nephew… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
Guardianship for a parent. I am the only living adult child
I am the only living adult child left of my mother who has Alzheimer. A granddaughter is trying to get guardianship over my mother. Is it possible, the granddaughter can get guardianship vs. the only biological living adult child? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
I would like to know how to cancel guardianship, the
Hi i would like to know how to cancel guardianship, the guardianship was done on Family Care Plan for Army National Guard. I don't see how the Agent can terminate a Power of Attorney. … read more
Edward Young
Edward Young
Juris Doctor
154 satisfied customers
What is required, in Texas, to take guardianship of a child
What is required , in Texas, to take guardianship of a child if both parents are compliant? My wife's brother has a 12 year-old daughter. He and her mother have not been able to provide a stable envir… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
If guardianship is given to the grandmother, is one parent
Hello, if guardianship is given to the grandmother, is one parent who makes more money than the other required to pay more based on salary? … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
I am interested in knowing how to get guardianship of a
I am interested in knowing how to get guardianship of a grandchild … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
I need advise regarding guardianship in the State of Texas.
I need advise regarding guardianship in the State of Texas. I have a 17 yr. old cameroonian national orphan that is in the US on a 6 month visa extension and I need to get the quickest possible legal … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,669 satisfied customers
I need assistance in getting guardianship of my special
I need assistance in getting guardianship of my special needs grandson. His mother was 15 at birth, and now at college. I am his sole caregiver and I need to make all medical decisions, and hospital s… read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
I went to court on oct3 for guardianship I think. it is
i went to court on oct3 for guardianship I think. it is between an aunt and myself being the grandparent and a minor child age 8 the mother & father are out of the picture for now somewhat.long story … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
I need to establish guardianship of my mother who has
I need to establish guardianship of my mother who has Alzheimer's … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
I am needing an attorney to either postpone a guardianship
i am needing an attorney to either postpone a guardianship hearing for my mother or file for guardianship myself. I am an only child but her sister is trying to gain control. … read more
lawyerJ
lawyerJ
Juris Doctorate
143 satisfied customers
If guardianship was given in California and the guardian
If guardianship was given in California and the guardian took the child to Oklahoma, does the parent have to go back to California to dissolve the guardianship and get custody? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
How hard is it to terminate a guardianship in the state of
how hard is it to terminate a guardianship in the state of missouri … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers
I need to get guardianship of my mother. I believe she has
I need to get guardianship of my mother. I believe she has alzhiemers but refuses to go to a doctor therefore she has not been diagnosed. She does not recognize family members and is not going to be a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
My granddaughters mother is in contempt of the guardianship
My granddaughters mother is in contempt of the guardianship papers I relieved in probate. What can I do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x