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Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 6890
Experience:  29 Years in General Practice and Estate Planning
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How do I establish power of attorney for my dying mother?

Customer Question

How do I establish power of attorney for my dying mother?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Attorney2 replied 9 months ago.

Welcome and thank you for your question.

Expert:  Attorney2 replied 9 months ago.

What type pf a power of attorney and is your mom competent to sign a POA?

Customer: replied 9 months ago.
No she is not.
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Attorney2 replied 9 months ago.

Unfortunately a Power of Attorney can only be signed by a person that is competent. We would need a conservatorship or guardianship. There should be a place on your end to request as phone call.

Are you still with me?

Customer: replied 9 months ago.
This is actually not my mother. But I am a pastor. One of my members mother is in home hospice care and she is trying to handle some of her moms insurance info. The insurance company said she needed a power of attorney to handle it. What should she do?
Expert:  Attorney2 replied 9 months ago.

Thank you for the clarification. She would need to become the mothers guardian/conservator. Where in Georgia is she located? I can provide a link for local Attorneys that provide FREE consultations that could assist her with the process. Are you still with me? Do you see how to request a phone call on your end?

Expert:  Attorney2 replied 9 months ago.

Can you tell me where in Georgia the mother is located? The daughter will need to establish a guardianship/conservatorship over her mother. This is handled through the court in the county where the mother resides.

Expert:  Attorney2 replied 9 months ago.

These are the court forms that need to be filed.

This is all handled through the probate court.


Probate courts have jurisdiction over the appointment and supervision of guardians and conservators of adult persons found to be incapacitated by reason of physical or mental illness to such an extent that the adult is no longer capable of making reasonable and rational decisions concerning his or her person or of managing his or her money and property. Guardians made decisions concerning the person of the Ward, and Conservators manage and make decisions concerning the income and property of the Ward. Conservators must be bonded for the value of all income and personal property of the Ward, and Guardians may be required to post bond. Guardians an incapacitated adult must file annual reports on the physical/mental status of the ward. Conservators must file an inventory of assets, an asset management plan and annual financial accountings, all of which are subject to review or audit by the staff of the probate court. The appointment, supervision, removal and discharge of guardians, conservators and their sureties are within the exclusive, original jurisdiction of the probate courts."

If you can tell me the location I can provide local assistance.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA.

Expert:  Attorney2 replied 9 months ago.

The Attorneys on the site do not receive credit for their time or work if the customer does not rate us positively. There is no additional charge to you for a positive rating and you can still receive a refund. Thank you for your consideration.