Leander, TX Estate Planning Law Firms & Lawyers

If the person granting the Lowe is competent now, but planning for a future incompetence, you would use a durable power of attorney and a medical power of attorney and hipaa form. If he power grantor is presently incompetent, you need a judicial guardianship.

The answer to your question depends on many facts that are not presented. Chief among them is whether your father is still alive and if so, is he legally competent. If he is legally competent, the answer is always no you cannot take control of his estate. If he is alive but not competent, you will need to go to court to have yourself appointed the conservator of his estate. If he is dead, it depends on whether he left a will or not. If he left a Will, were you nominated to be the executor? Was someone else? If he did not leave a Will, are you his only child? Was he married at the time of death? In all cases, is there any reason why you would not qualify as the person to be in charge?