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 LegalGems Your Own Question
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

Mother declare incompetent last March. Daughter power of

Customer Question

mother declare incompetent last March. Daughter power of attorney) moved funds after...Abusive to health care workers - has had to move from 4 facilities due to daughters abuse who has power of attorney...Other daughter- myself has no ability to help due to power of attorney. I filed APS and they have been on case for 7 months following issues and manipulations. I think I need guardianship?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

I am very sorry to hear you are having to deal with this especially given your mother's deteriorating health condition; can you please tell me what state your mother resides in?

Customer: replied 1 year ago.
Texas. Mom has LT care policy at 92 needs to be in facililty- memory care/assisted transfers.
Customer: replied 1 year ago.
Daughters abusiveness to Health care workers have had mom pushed out of 5 facilities as not being able to provide expected care. APS is involved and knows of manipulations. APS suggested I look into guardianship.
Expert:  LegalGems replied 1 year ago.

Thank you;

There are 2 separate issues:
1. considering a possible breach of power of attorney (similar to a breach of fiduciary duty). Basically an agent is a fiduciary and if they engage in self dealing, or if they otherwise "waste/mismanage" the principal's property, they are personally liable. If the court finds they acted willfully or maliciously, then the court can even award punitive damages.

This of course results in the court revoking the power of attorney.

2. appointment of guardian

Information on that process is here:

One can make a claim with the ward's estate, so that the estate pays for the legal fees to establish a conservatorship.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars *****

as I strive to provide my customers with great service.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

The declaration of mental capacity will help expedite the process; normally the guardian would be appointed and then the agent with the POA would be sued for breach.

Expert:  LegalGems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!