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Family concerned about guardian's actions

Texas residents who must help their aging loved ones know how difficult this can be. In addition to managing logistics like providing proper care, there are often concerns about a person becoming exploited or financially abused. Sadly, this type of thing often happens at the hands of those who are intended to care for people. This is why great care must be taken when establishing guardianships or making other estate plans.

One Texas woman has become embroiled in a battle with her family over such a situation. Most of the family members live in neighboring New Mexico. The issue revolves around the mother who is now 93 years old. For a while, the woman had lived with one of her sons until he died nearly two years ago. Not long after that, the woman's daughter took her to Texas where the daughter lived. While there, the elderly woman is said to have created a new will naming her daughter as the sole beneficiary and identifying the daughter as co-owner on her New Mexico home.

In late December 2015, the daughter established a guardianship for her mother but instead of the daughter seeking to have herself be the guardian, she hired a professional guardian for the job. Family members in New Mexico were disatisfied with this action and allege that the guardian and the daughter have not acted in the woman's best interest. They point to the fact that she has been moved to new nursing homes frequently and her money is all but running out too quickly.

Talking with an attorney who understands both guardianships and long-term planning may be a helpful way for Texans to avoid these situations.

Source: Albuquerque Journal, "Who Guards the Guardians: Family laments mom's fate under guardianship," Colleen Heild, March 14, 2017

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