Thompson's Station, TN asked in Family Law, Probate and Elder Law for Georgia

Q: Georgia, who gets conservatorship of incapacitated parent with 2 living adult children?

i.e. An adult couple have 2 adult children. 1 spouse/parent dies and the other is incapacitated. Who is likely to get POA and conservatorship of parent? The eldest child was already named primary in a medical directive, and also listed on a STATUTORY FORM POWER OF ATTORNEY on mortgage papers for the residential property. The bank has the eldest child listed as “ AS ATTORNEY IN FACT FOR” for the incapacitated spouse/mother.

In GA, does the Probate Court typically assign the eldest child POA/Conservatorship of an estate and over the living-infirm parent?

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1 Lawyer Answer
Seth Meyerson
Seth Meyerson
  • Probate Lawyer
  • Senoia, GA
  • Licensed in Georgia

A: The designation in poas creates a preference for the designated. The issue still needs to go before a judge if a guardian and or conservator is to be appointed.

Another question is why do you need the courts involvement if you already have poas. See an elder law attorney in Georgia.

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