Tony Soprano’s mother, Livia, burns the mushrooms on the stove. Tony begs her to move into a “retirement community.” She replies that she doesn’t want to be in a “nursing home.” Tony bursts out that if she doesn’t agree he will take her to court to get a durable power of attorney.
First, a Texas judge will not appoint someone as “durable power of attorney.” A Texas judge can appoint someone to be guardian over an incapacitated person.
The durable power of attorney, on the other hand, is a legal document that Livia (known in the document as the “principal”) uses to appoint someone she trusts (known in the document as the “agent”) to make financial and legal decisions for her. Many street-smart and highly educated professionals assume they know the law. Here, Tony Soprano, a mob boss, thinks he knows how to make legal decisions for his mother when her decisions are not in her own best interest.
He is wrong. Tony’s mother, Livia, should have signed a durable power of attorney at the lawyers office after her husband died just in case she lost her memory or had a sudden unforeseen medical problem. This is less complicated and less expensive than guardianship. An adult child only needs a court order through guardianship if his or her parent loses the ability to understand legal and financial affairs before signing a durable power of attorney. Power of attorney is a less restrictive alternative to guardianship. Guardianship is a last resort.
