In Texas, a power of attorney (POA) is a legal document that allows one person (the principal) to appoint another person (the agent) to make decisions on their behalf. If your mother has not been declared legally incompetent, she retains the right to change or revoke her POA at any time, provided she has the mental capacity to understand the nature and consequences of her actions.
Here are some key points to consider:
- Mental Capacity: For your mother to change her POA, she must have the mental capacity to understand what she is doing. This means she should be able to comprehend the nature of the document and the implications of changing her agent.
- Revocation of POA: Your mother can revoke the existing POA and appoint a new agent if she chooses. This process typically involves creating a new POA document and notifying the current agent (you) of the revocation.
- Potential for Manipulation: If you believe your sister is manipulating your mother into changing the POA, it may be wise to consult with an attorney. They can help assess your mother’s capacity and ensure that any changes to the POA are made voluntarily and with full understanding.
- Legal Intervention: If there is a concern about your mother’s capacity or undue influence, you might consider seeking a guardianship or conservatorship through the court. This legal process can provide protection for your mother if she is unable to make decisions independently.
- Documentation and Evidence: Keep detailed records of your mother’s condition and any communications regarding the POA. This documentation can be crucial if legal action becomes necessary.
It’s important to address these concerns promptly to protect your mother's interests and ensure her wishes are respected. Consulting with a legal professional who specializes in elder law or estate planning in Texas can provide guidance tailored to your specific situation.
