Do I need a Conservatorship or POA?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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