[TX] How do I create a power of attorney banks and the state recognize?
I take care of my sick sister. She has dementia, and whenever I try to handle finances, I get declined. I’m in Texas. I have current POA papers I purchased last year, but the bank won’t accept them, nor will the Texas Attorney General for child support payments. I need papers that cover all money, finances, etc., so I can actually use them. What should I do?
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Since entities aren’t accepting the current POA, you’ll need updated ones. If she can still sign, you should get new forms directly from the bank and the Attorney General’s office—their own preferred forms are most likely to be accepted. If she cannot sign due to a lack of capacity, then you’ll need to pursue guardianship through the Texas courts.
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I need help with power of attorney papers.
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Benjamin
Hello, my name is Benjamin. I’ve been a licensed attorney for over 19 years. What questions do you have about your POA? And what state are you in?
I take care of my sick sister. She has dementia, and whenever I try to handle finances, I get declined. I’m in Texas. I have current POA papers I purchased last year, but the bank won’t accept them, nor will the Texas Attorney General for child support payments. I need papers that cover all money, finances, etc., so I can actually use them. What should I do?
Benjamin
I understand. How did you obtain the POA? A POA can only be granted if your sister had mental capacity at the time she signed. If she cannot now, then guardianship through the court may be necessary.
She signed them when she was better a year ago. Her dementia is alcohol-induced and mostly affects short-term memory. She still understands now, but may forget. I also care for her son in high school, so I need to make sure he’s taken care of. What do you suggest?
Benjamin
Since entities aren’t accepting the current POA, you’ll need updated ones. If she can still sign, you should get new forms directly from the bank and the Attorney General’s office—their own preferred forms are most likely to be accepted. If she cannot sign due to a lack of capacity, then you’ll need to pursue guardianship through the Texas courts.
So I’d need separate forms for each entity? I’ll also look into the court appointment process.
Benjamin
Yes. You can usually find the forms on each entity’s website or request them at the branch. Here’s a resource on guardianship in Texas: Texas HHS Guardianship.
Okay, thank you.
Benjamin
You’re welcome. Please let me know if you have more questions. Thank you for using AskaLawyer, and have a great day!
Benjamin
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