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Is incompetence a public matter?

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beingcheated?

Junior Member
What is the name of your state? TX
My father suffers from a progressive brain ailment. Right now he can get by with in-home assistance, but cannot write or speak, thus cannot pay his bills, etc. He sneaks a few "helpers" in when I'm not looking, but all they do is take his money and leave him broke until the next SS check. He's too proud to sign any type of POA. His doctors would testify that he was incompetent, but I'd hate for that to be public knowledge. Is a hearing in open court always needed?
Dutiful daughter
 


Zigner

Senior Member, Non-Attorney
beingcheated? said:
What is the name of your state? TX
My father suffers from a progressive brain ailment. Right now he can get by with in-home assistance, but cannot write or speak, thus cannot pay his bills, etc. He sneaks a few "helpers" in when I'm not looking, but all they do is take his money and leave him broke until the next SS check. He's too proud to sign any type of POA. His doctors would testify that he was incompetent, but I'd hate for that to be public knowledge. Is a hearing in open court always needed?
Dutiful daughter
If he cannot write or speak, then he can't provide a POA to anyone. You need to seek some sort of conservatorship over him. This is not the time to worry about his pride.
 

beingcheated?

Junior Member
Restraining order?

Thanks for the swift reply. My next (followup) question is whether or not we as family members can get a restraining order against some of these "helpers" without my father's consent or without declaring him incompetent?
 

BlondiePB

Senior Member
beingcheated? said:
Thanks for the swift reply. My next (followup) question is whether or not we as family members can get a restraining order against some of these "helpers" without my father's consent or without declaring him incompetent?
Not without the legal authorization to do so for your father. Go to the courthouse, probate division, and file the papers for emergency temporary guardianship. The guardian can then place a restraining order on the thieves.
 

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