Power of Attorney Question - Texas

[bigabe]

What is the name of your state? Texas

Hi.

My mother has been medically incapacitated for some time now and has been residing in a nursing home for the last 10 years. My father (whom I have had no contact with in a few years) has complete Power of Attorney in regards to her finances and medical treatment. The facility in question has been trying to get a hold of my father for a few weeks now.

How long can my father be out of contact before I have the legal right to make medical decisions for my mother? Do I need to file for Power of Attorney myself, or does it automatically fall in my lap at some point?

I'm an only child, and I don't want any problems to arise if there is a crucial decision to be made about her treatment and no one with proper authority can respond in an appropriate manner.

I've looked everywhere online to find a decent clarification of Power of Attorney law, and I've come up emtpy.

Thank you in advance. Your help is very appreciated

 

[BlondiePB]

My mother has been medically incapacitated for some time now and has been residing in a nursing home for the last 10 years. My father (whom I have had no contact with in a few years) has complete Power of Attorney in regards to her finances and medical treatment. The facility in question has been trying to get a hold of my father for a few weeks now.

Have you physically gone to the home to see if dad is okay?

How long can my father be out of contact before I have the legal right to make medical decisions for my mother? Do I need to file for Power of Attorney myself, or does it automatically fall in my lap at some point?

I'm an only child, and I don't want any problems to arise if there is a crucial decision to be made about her treatment and no one with proper authority can respond in an appropriate manner.

An incapacitated person cannot sign a POA. The only way for you to make any decisions regarding your mom is if you are named in the POA document as the alternate POA, petition to be mom's guardian/conservator, or for the case of medical emergency have the facility administrator assist you with the documentation needed to take to the court to be mom's Health Care Surrogate/Proxy.

I've looked everywhere online to find a decent clarification of Power of Attorney law, and I've come up emtpy.

Thank you in advance. Your help is very appreciated.

You are welcome.

 

[bigabe]

Have you physically gone to the home to see if dad is okay?

Sorry for not being more clear. My mom is quite young (for a nursing home anyways) and is only in her early 50's. She's been there since she was around 42. My mother gave my father POA upon entering the facility before she was incapacitated. At the time, I was well under 21, and so I highly doubt I was put as an alternate POA.

I had a big falling out with my father some time ago, and haven't spoken to him in over 4 years. He himself (50-something now) is not incapacitated.

I'm over 21 now, and I just recieved word that my father has not been in contact with the nursing home ever since Medicaid fully kicked in and money no longer goes through him. I just want to know if there's some sort of time frame of him having no contact in which I become eligible as her son to make medical decisions for her.

I'm curious about what all of my options are in this situation.

Thank you again.

 

[BlondiePB]

I'm curious about what all of my options are in this situation

Your options have already been explained.