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  1. #1
    mlrea12 is offline Junior Member
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    Question probate-incompetency

    My husband And I were recently served with probate papers from OH, we live in Texas. My father-in-law has recently changed his POA, Medical POA, and will: while down in Texas as he became ill, and found out the original person he appointed was not taking care of his needs. The person tried to stop his medical treatment at the hospital and said he was going to die anyways and wanted to take him back with her. However, he elected to live with us and do his medical treatment in Texas. Upon, finding out of this she involved her attorney to say he was incompetent. The father-in-law has cancer and has recently elected to try and set the record straight with her. He has attempted to fly up there and to retrieve his necessary documents and vehicle. He informed us he would be back in a few days and would call every 2nd day until he returns for his medical treatment scheduled on the 3 of next month. We believe that she is trying to have him declared incompetent and to disregard his wishes in his new paperwork. However, we can't get in contact with him, his cell phone was either taken from him or not working. What do we need to do to ensure his safety and his assets for him. Due to him changing the paperwork, his house did not sale and is tied up in probate court. Do we need to hire an attorney or respond to the judge that sent this paperwork with false accusations directed at myself and my husband? How do we enforce his medical power of attorney? He is elderly and we believe his medication may have been taken away from him. This could cause some problems for him as the medicine prevents swelling in the brain for cancer.
    Last edited by mlrea12; 01-26-2006 at 02:14 AM. Reason: trying to change to new post put regular envelope on, thought was a question mark
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by mlrea12
    My husband And I were recently served with probate papers from OH, we live in Texas. My father-in-law has recently changed his POA, Medical POA, and will: while down in Texas as he became ill, and found out the original person he appointed was not taking care of his needs. The person tried to stop his medical treatment at the hospital and said he was going to die anyways and wanted to take him back with her. However, he elected to live with us and do his medical treatment in Texas. Upon, finding out of this she involved her attorney to say he was incompetent. The father-in-law has cancer and has recently elected to try and set the record straight with her. He has attempted to fly up there and to retrieve his necessary documents and vehicle. He informed us he would be back in a few days and would call every 2nd day until he returns for his medical treatment scheduled on the 3 of next month. We believe that she is trying to have him declared incompetent and to disregard his wishes in his new paperwork. However, we can't get in contact with him, his cell phone was either taken from him or not working. What do we need to do to ensure his safety and his assets for him. Due to him changing the paperwork, his house did not sale and is tied up in probate court. Do we need to hire an attorney or respond to the judge that sent this paperwork with false accusations directed at myself and my husband? How do we enforce his medical power of attorney? He is elderly and we believe his medication may have been taken away from him. This could cause some problems for him as the medicine prevents swelling in the brain for cancer.
    Okay if you are that worried about him why aren't you flying up there to get him and bring him back to your place? His cell phone isn't on and you worry that he is not getting his medicine that will prevent swelling of the brain. Get on a plane and get your butt up there. And yes you should hire an attorney to help you with all the legal issues. If you mess up you may not be able to ensure that his wishes are carried out!

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