Do I need a Conservatorship or POA?

UPDATED: Oct 1, 2022

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Do I need a Conservatorship or POA?

My mother is unexpectedly on life support and incapacitated. She has a
business and employees need paid as well as bills. I am her oldest child, she is
not married and she doesn’t have a living will. I reside in Dallas County. I can get
the medical documentation and I have my birth certificate but I dont know what
to ask the probate court for and I dont know if I need a lawyer. I need to get this
done tomorrow. Thank you

Asked on May 16, 2019 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You do need a lawyer, because if she is incapacitated--which we are interpreting to mean nonresponsive--she have to apply to the court and be appointed her legal guardian or conservator (either term might be used). A person who is nonresponsive cannot grant anyone a POA, so if she had not previously given you one, she cannot do so now.
Applying to be someone's guardian or conservator is substantilly more complex than, say, a small claims case. The complexity is increased if you are trying to do this on an expedited basis, which we assume you will want to. Therefore, contact a lawyer to help you. An attorney who handles elder law or who works with the disabled would be a good one to contact.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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