My mom has been living with me for over 4 years she has dementia however prior to that she signed durable power of attorney. Older sister has filed for guardianship
Guardianship trumps a Durable Power of Attorney and usually is not awarded if there is one. You can oppose the guardianship by writing a letter to the Court and attaching a copy of the Durable Power of Attorney. If you wish to oppose your sister's appointment as guardian, you must be represented by an Approved Guardianship Attorney. Ask the Bexar County Probate Court for a list.
Information provided here cannot substitute for a personal consultation with an attorney. This is not intended to be legal advise or to imply an attorney-client relationship. This attorney is not responsible for your reliance on it without specific, actual and independent written authority.
There are two types of guardianship in Texas: Guardian of the Person and Guardian of the Estate. A guardian of the person makes decisions about medical treatments and healthcare, and housing choices. A guardian of the estate makes decisions about property and money. Typically, if there is an agent under a durable power of attorney, guardianship of the estate can be avoided because a power of attorney is a less restrictive alternative to guardianship. However, the existence of a durable power of attorney may not avoid the need for a guardianship of the person if an individual is an incapacitated person who because of a physical or mental condition is unable to provide food, clothing, or shelter for herself or care for her own health.
As mentioned above, an approved guardianship attorney is required in guardianship matters. You can also search a list on the State Bar of Texas's website.
My response to this question is general and informational in nature. It is not intended to be legal advise and it does not create an attorney-client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline