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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3721
Experience:  30 years of experience
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My mom needs help managing her finances but won't accept it.

Customer Question

My mom needs help managing her finances but won't accept it. She's lost lots of money. I'd like to have her declared legally incompetent so I can manage her finances.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The type of proceeding that you are talking about is a Guardianship or a Conservator-ship.

Guardian is a Court appointed individual or entity who will make decisions for a person who, due to mental and/or physical disability, is unable to make responsible decisions concerning their health and safety. A court-appointed guardian has the legal authority to make health and safety decisions for an incapacitated adult.

Conservator is a Court appointed individual or entity to make decisions for a person who, due to mental and/or physical disability, is unable to make or communicate significant responsible decisions concerning their property. A court-appointed conservator has the legal authority to make property decisions for an incapacitated adult.

You may file a petition asking the Court to appoint a guardian and/or conservator. However, the petition must be sworn to by two petitioners, one of whom may be a physician, psychologist, or licensed clinical social worker who has examined the person for whom the guardianship and/or conservator-ship is sought within the last 15 days.

The probate court provides forms, both at the probate court and on line, which outline the information which must be included on the petition.

This link details the process:

http://aging.dhr.georgia.gov/sites/aging.dhs.georgia.gov/files/imported/DHR-DAS/DHR-DAS_Publications/ELAP-%20GUARDIANSHIP%202012.pdf

If your mother is willing to grant you authority it can be done easier through a Durable Power of Attorney.

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.