[TX] How do I get a POA for someone with dementia?
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A POA can only be granted by someone who has the mental capacity to grant those powers to another person. If your sister cannot do this, then you cannot get a POA. In these cases, the Texas courts have to grant you a guardianship of your sister, which will allow you to perform the functions you are trying to perform.
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I need help with power of attorney papers.
Have you already consulted with a lawyer regarding this matter?
Yes
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with power of attorney papers.
No
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.
I want you to know that your question is very important to me. Although the experts on this site cannot represent clients, we provide answers and guidance on legal issues and questions you may have.
I must state in every question chain that, according to the rules of AskaLawyer, there is no attorney-client relationship here. That means I am not your lawyer. Everything here is for general knowledge about the law only. You need to retain an attorney for actual legal representation or advice.
Please let me know what your questions are related to your POA, and what state you are in.
So I have current POA papers that I can’t use, which I purchased last year. Bank of America won’t accept it, nor will the Texas Attorney General for her child support payments. I need things to be stated very specifically and cover any and all money, finances, etc., so I can use the papers. What should I do? How can I get papers that I can actually use?
I take care of my sick sister, and it’s tough because she has dementia. When I try to handle finances, I hit a roadblock and can’t act on her behalf. I’m always met with a decline when I use my current papers.
I’m in Texas.
Ok, I understand. How did you obtain the POA from your sister?
A POA can only be granted by someone who has the mental capacity to grant those powers to another person. If your sister cannot do this, then you cannot get a POA. In these cases, the Texas courts have to grant you a guardianship of your sister, which will allow you to perform the functions you are trying to perform.
She signed them when she was better a year ago.
Her form of dementia is alcohol-induced and generally affects her short-term memory, among other things. During that time, she understood what was happening. She understands now as well—she may just forget.
Also, I take care of her son, who is in high school, so I need to make sure he is taken care of properly.
What do you suggest I do?
Yes, but the problem is that the POA is not being accepted by the entities you need to use it with, so it will need to be updated.
If she cannot sign new forms due to mental capacity, then a guardianship will be necessary. However, if she can sign new forms, you can get those forms directly from Bank of America and the Attorney General’s Office and have them re-signed. Both should have the preferred POA format that they would accept.
So for the latter, I would have to get several forms created, for each entity?
I will look into the court appointment as well and how to begin the process.
Yes, you can find those on their respective websites or obtain them from the branch of the bank.
Here is a helpful link for understanding guardianship in Texas: www.hhs.texas.gov
Ok, thank you.
Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete.
