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Dec 30th, 2023
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 Need lawyer in Dallas County
#13345728
11/18/19 03:19 PM
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Joined: Mar 2003
Posts: 10,774
Fishin' Nut
OP
TFF Guru
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OP
TFF Guru
Joined: Mar 2003
Posts: 10,774 |
That specializes in Elder Care. I have a friend in Collin county whose Mother has dementia, but never assigned a POA to anyone. Plus she has a niece that lives with her that can write checks on her account. They suspect she is stealing money from her to buy illegal narcotics. The Mother lives in Dallas county which is why I'm looking for one there. My friend has no clue on how to proceed with this is why I'm looking for recommendations to pass on to him.
He is truly a sick individual.
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Re: Need lawyer in Dallas County
[Re: Fishin' Nut]
#13345735
11/18/19 03:23 PM
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Joined: Jul 2010
Posts: 75,984
banker-always fishing
Pumpkin Head
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Pumpkin Head
Joined: Jul 2010
Posts: 75,984 |
Hope fully "Uncle Zeek" Will respond. You cal also send him a PM! He is a lawyer and by reading a lot of his post seems to be a good one. Hope your friend get's some good legal advice. 
![[Linked Image]](http://imagizer.imageshack.us/v2/xq90/823/ycku.jpg) ![[Linked Image]](http://imagizer.imageshack.us/v2/xq90/560/ukw3.jpg) IGFA World Record Rio Grande Cichlid. Lake Dunlap. John 3:16 Sinner's Prayer. God forgive me a sinner. I accept Jesus Christ as my Savior !
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Re: Need lawyer in Dallas County
[Re: Fishin' Nut]
#13345741
11/18/19 03:27 PM
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Joined: May 2014
Posts: 5,667
PondFish
TFF Celebrity
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TFF Celebrity
Joined: May 2014
Posts: 5,667 |
First step might be to have your friend take Mom to a Doctor for a consult, without the niece. A Doctor's written opinion can carry a lot of weight in a courtroom.
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Re: Need lawyer in Dallas County
[Re: Fishin' Nut]
#13345784
11/18/19 04:01 PM
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Joined: Aug 2006
Posts: 18,254
COFF
TFF Guru
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TFF Guru
Joined: Aug 2006
Posts: 18,254 |
This will go beyond a simple POA. She will have to be determined to be incompetent. You will have to go through a doctor, then there is a court procedure. Also, the location of the lawyer is not relevant. As long as they are local and your friend can get face time with both the lawyer and the doctor they don't have to be in the same city or county.
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Re: Need lawyer in Dallas County
[Re: Fishin' Nut]
#13345802
11/18/19 04:23 PM
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Joined: Jan 2013
Posts: 703
Lakhota
Pro Angler
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Pro Angler
Joined: Jan 2013
Posts: 703 |
She has to be determined to be incompetent and this can be done by a Dr or lawyer by asking questions and will only determine if is is able to to give POA. If she is found to be able to give authority for POA she can also remove it at any time. If she is found to be incompetent then a guardianship will have to be appointed and that will be done through the courts and will be costly. You could land contact the county department of aging to see if they have a list of Elder care lawyers or maybe the TX Bar Association.
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Re: Need lawyer in Dallas County
[Re: Lakhota]
#13345805
11/18/19 04:27 PM
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Joined: Sep 2005
Posts: 27,593
Uncle Zeek
aka "Dad"
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aka "Dad"
Joined: Sep 2005
Posts: 27,593 |
She has to be determined to be incompetent and this can be done by a Dr or lawyer by asking questions and will only determine if is is able to to give POA. If she is found to be able to give authority for POA she can also remove it at any time. If she is found to be incompetent then a guardianship will have to be appointed and that will be done through the courts and will be costly. You could land contact the county department of aging to see if they have a list of Elder care lawyers or maybe the TX Bar Association. Just ran across this thread. Yep. Ask the friend to email me at my address below and I can get him a couple referrals.
"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein
Artim Law Firm, PLLC
Estate planning & tax attorney
2250 Morriss Road, Suite 205, Flower Mound, Texas 75028
972-746-0758 mobile
zac@artimlegal.com
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Re: Need lawyer in Dallas County
[Re: Fishin' Nut]
#13345858
11/18/19 05:22 PM
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Joined: Jan 2009
Posts: 50,043
fouzman
Methuselah
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Methuselah
Joined: Jan 2009
Posts: 50,043 |
Depends on how her will is set up. It may be as simple as her signing a letter to resign her medical and durable power attorney and appointing someone else to hold that power. IF her will is set up properly, it's not complicated and it can be done without some huge cost through the courts. p.s. -how is the niece able to write checks? Does she have Durable Power of Attorney or has she been appointed a Trustee? We use Scott Walker. https://w-dlaw.com/
Last edited by fouzman; 11/18/19 05:26 PM.
"Things turn out best for those who make the best of the way things turn out" - Zachary Troy Schrah - a young man with vision far beyond his years.
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Re: Need lawyer in Dallas County
[Re: Fishin' Nut]
#13345868
11/18/19 05:29 PM
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Joined: May 2002
Posts: 83,147
Bob Davis
Bunkeroid Bob
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Bunkeroid Bob
Joined: May 2002
Posts: 83,147 |
Sounds like the neice is a legal joint owner on the checking account. Hard to make a case she is "stealing" money if she is a joint owner. My Dad made me a joint owner of his accounts before he passed so as executor I could handle his debts without any extra filing. Works well in some cases.
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Re: Need lawyer in Dallas County
[Re: Fishin' Nut]
#13345897
11/18/19 06:08 PM
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Joined: Mar 2003
Posts: 10,774
Fishin' Nut
OP
TFF Guru
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OP
TFF Guru
Joined: Mar 2003
Posts: 10,774 |
The Mother has already been declared incompetent by a physician and has to have in home care during the day while the niece is working. Zeke, I will forward your email to them. Thanks.
He is truly a sick individual.
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Re: Need lawyer in Dallas County
[Re: Fishin' Nut]
#13345921
11/18/19 06:30 PM
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Joined: Jan 2006
Posts: 32,922
Scagnetti
TFF Guru
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TFF Guru
Joined: Jan 2006
Posts: 32,922 |
If she has been declared incompetent then she cannot legally sign documents like a will, POA, DNR, advance directives, etc.
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