Estate Law Questions? Ask an Estate Lawyer.
Welcome and thank you for your question.
What type pf a power of attorney and is your mom competent to sign a POA?
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?
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?
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.
These are the court forms that need to be filed. http://www.gasupreme.us/probate-court-standard-forms/
This is all handled through the probate court.
"ADULT GUARDIANSHIPS AND CONSERVATORSHIPS
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." https://www.gaprobate.org/guardianship.php
If you can tell me the location I can provide local assistance.
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