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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33747
Experience:  Began practicing law in 1992
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My dad is suffering elder abuse by s wife and has . They

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My dad is suffering elder abuse by his wife and has for years. They live in Texas. My siblings and I are ready to report it but we all live out of state and concerned for his well being after that. His wife claims they had papers drawn up by a lawyer a while back that allow her to make medical and financial decisions like taking his name off the bank account now that she claims he has Alzheimer's. He still drives but it's questionable. In 2007 my dad had a Durable Power of Attorney drawn up naming my sister as agent. We don't know when they had these other documents drawn up and she could be bluffing. If they did, do these other documents override the previous if the previous was not revoked? We would like to get a copy of his diagnosis. She is not cooperative with us and trying to alienate him from us. We would also like advice on when and how to report the abuse without causing more trouble for him at home. Can any of us (me or my siblings) go pick him up and fly him home with us? Thanks for your response.Theresa Schumacher
Jacksonville, OR
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information 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.

If they did, do these other documents override the previous if the previous was not revoked?

It depends on the wording. You can draft a POA that will "revoke all prior POAs" or you can do a POA that doesn't mention the prior ones and thus both people would have a POA that could be used.

when and how to report the abuse without causing more trouble for him at home

I'm not sure what you mean by this, but if you call Adult Protective Services they are going to start an investigation immediately. At some point you may be asked under oath when you suspected abuse and if there is an extended period of time between when you suspected it and when you reported it then you won't be considered as a guardian if that becomes an issue and there could be other problems as well.

Can any of us (me or my siblings) go pick him up and fly him home with us?

This is a difficult question. The law doesn't really have anything to say on this matter one way or another. Your father can certainly make the decision to come with you so long as there isn't a court order stating he is "incompetent" or "incapacitated", which usually only happens when someone has sought a guardianship and you should have been served with papers if that happened. However, if he signed a POA to her, revoking the prior POA then she can forbid it based on that POA and the police won't do anything (usually) except tell you that you need to talk to a lawyer.

What you and your siblings may want to discuss is contacting a local lawyer and talking to them about the possibility of one of you filing for guardianship. It is a reasonably complicated matter in Texas but this exact set of facts happens waaaaay more often then you would think.

Expert:  Dwayne B. replied 1 year ago.

I will be offline for a couple of hours starting about 10:45 AM but back on again ASAP.