MY OLDER SIBLING HAS MY INCAPACITATED MOTHER LIVING WITH HER AND WONT ALLOW REST OF THE FAMILY VISITATION DURING THE GUARDIANSHIP PROCESS MY BROTHER HAS FILED FOR GUARDIANSHIP. THE COURTS ARE SAYING WE HAVE TO PAY SOMEONE 50 DOLLARS AN HOUR TO BRING OUR MOTHER TO A NEUTRAL LOCATION FOR VISITATION. I AM IN TEXAS. NONE OF US HAVE ANY LEGAL ISSUES PAST OR PRESENT OR CASES AGAINST US FOR EVER HARMING MY MOTHER.
You ask if a court can do something that it has already done. So, I think the answer is obvious. You are not required to pay for the supervised visitation but you cannot visit without it.
DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
Absolutely. The Court can set terms of access and visitation for a minor or any other person the court deems incapacitated. Such determinations of the Court are reviewed on appeal on an "abuse of discretion" standard which essentially means that any access conditions are going to be upheld 99% of the time. If you absolutely cannot afford to pay, I would ask your attorney to file a Motion and backup evidence showing indigency and ask the Court to reduce the fee. If the COurt feels that your mom needs protection which requires a 3rd party to supervise, you are not likely to change the situation even if the fees are unaffordable. IF you don't have representation, you need to get some - and not just a "jack-of-all-trades: atty, but someone who specialized in Elder Law and Guardianships.
Everyone's legal situation is different. Comments here do not constitute attorney-client privilege or legal advice to your specific situation. Contact your own attorney.
Based upon the information you have provided, my best suggestion is that you retain an attorney experienced in guardianship and/or elder law matters. This attorney can review the documents already filed in the court that has jurisdiction over your mother to evaluate and advise you what your best options are. Avvo can give you some names of Denton County lawyers who are experienced in these matters, as can the Denton County Bar Association. I wish your mother the best under these trying circumstances.
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