Her conservator did the order. How do I get her back home?
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answered on Sep 18, 2023
If your mother has been served with an order for her removal from her home in Georgia by her conservator, it is essential to take swift and deliberate action. Begin by thoroughly reviewing the court order to understand the basis for her removal. Collect and organize any supporting evidence, such as... View More 
My sister takes care of my mother--but my sister cannot physically do it. Mom wants the sale clear and uncontestable.
answered on Aug 20, 2023
If your mother is on title individually and has the mental capacity to make decisions on her own, there is no way for your sister to contest the sale. If your sister is on title or your mother lacks mental capacity, things get much more difficult. Either way, schedule a free consultation to make... View More
Can someone us a specific power of attorney to convince notary person they have power of attorney over their parents when the specific power of attorney was already voided after 60 days. Would the notarized quite claim deed be valid?
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answered on Aug 1, 2023
If the POA was revoked at the time of Deed execution then there was no valid conveyance. However if no interested party ever files suit to have the Deed declared void, then the purported conveyance remains of record. After many years the voidable Deed is cured. Contact a GA attorney now... View More
Elderly mother signed quit claim deed of 5 acres of land and small 30 year old mobile home, to adult and oldest of 3 total siblings, to protect it from pending lawsuit. The property was all she had in the world & wanted to make sure she could keep,being her only place to live. One sibling... View More
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answered on Jun 29, 2023
If that Daughter also got a power of attorney from the Mother, then she was and is a fiduciary. If so, any and all transfers of principal's property to the attorney in fact are presumptively fraudulent. If no poa, then you will need good evidence of fraud with witnesses, and you probably... View More
I requested an accounting of my aunts estate from exec. I got a vague list of transactions and no inventory of the estate. Executor failed to provide inventory or estate value. Executor diverted estate funds to offshore acct in Canada Also withdrew estate funds 300k for 7 days stating that bank... View More
answered on May 14, 2023
You will need to file a formal Petition for Inventory and Accounting. If you are dissatisfied with what is produced, you can challenge the accuracy of the inventory and accounting provided in the pending probate case. You can also request that a new executor be appointed if there is evidence that... View More
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... View More
answered on Mar 2, 2023
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.
My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).
My... View More
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answered on Mar 2, 2023
The bank may be held liable for allowing your mother to write checks on your father's personal checking account without proper authority, such as power of attorney or joint ownership. However, liability would depend on the specific facts of the case and applicable state law. It may be worth... View More
My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).
My... View More
answered on Feb 21, 2023
Will names your sister as "guardian." Perhaps you mean executor? I think I would be more worried about what is in your father and mother's estate and how to get your fair share of this, rather than weather or not you can sue a bank.
See or call a Georgia Estate attorney.
She had a state appointed lawyer to handle her money
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answered on Jul 3, 2023
When someone passes away without a will, the state's laws of intestate succession typically determine how their assets are distributed. The laws vary depending on the specific family situation, such as whether the deceased had a spouse, children, parents, or other relatives.
My father had dementia, we went to court for emergency guardianship and conservatorship. At the start I was conservator and another family member was guardian. Six months later I was also appointed guardian. They were many legal issues due to him having a spouse who was contesting everything. Lots... View More
answered on May 23, 2023
This is a complex issue. Get a Georgia Guardianship/conservatorship attorney. The money you save will be your own.
She is currently incarcerated for elder abuse and several other charges, none of which have been waived. I can reveal more history as needed to receive an answer. I am writing this myself with no prompting from another person. I am totally independent, pay my own mortgage, bills, etcetera.
answered on Dec 3, 2022
You aren't required to talk to her or have any dealings with her. You can also write a will or estate plan excluding her if you wish.
I’m a 20 yr old adult looking to sue my biological family for manipulating and controlling my adoptive mother along with the emotional trauma they have caused. It’s gotten to the point where her marriage is in danger and she often chooses my biological family over us. They’ve become so... View More
answered on Aug 6, 2021
There is a lot to unpack in this question. First, you are not able to bring a lawsuit on behalf of another unless they are a minor over which you have custody, or they are incompetent to bring a suit on their own for some other reason and you are the guardian, custodian, or have a power of attorney... View More
Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?
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answered on Jul 16, 2021
No, the agent’s authority under a power of attorney is not assignable or delegable. The best solution would have been for your husband to have named a successor agent in the existing power of attorney. Chances are, however, it is too late for that because he lacks capacity. If you pass most... View More
Eviction my property in Ga. No landlord tenant relatioinship. Person entred my house illegally, broke locks removed all belongings[2 story home ownd for 60+years family] Indiv. placed stuff in storage. I wasn't there, and dont know what was removed. Never seen storage unit. Also removed a... View More
answered on Jun 28, 2021
Wow. Sounds like you're into it. Did you have a question for us? You gave us a story; not a question. We can only answer questions that you put to us.
In our upcoming retirement, we are considering refinancing our home as a joint mortgage including our daughter and husband. If in the future there is a financial judgment against our daughter or husband, for whatever reason, is the entire home value considered or only their share?
answered on Mar 18, 2021
There are many other pieces of information we would need to provide a competent response. That said, you would not want to include the daughter and husband on the mortgage. Why would you unless they, too, are going to be co-borrowers? Perhaps you are thinking about putting them on the d-e-e-d... View More
I am going to purchase the lift from a dealer. Have it professionally installed and enclose it. This will be for a 2 story residential dwelling. I will get it inspected. The question really is do I still have a stair requirement?
What are the laws for selling aftward
answered on Nov 20, 2020
A Georgia attorney could advise best, but your question remains open for four weeks. If you are unable to consult with an attorney on this, a Georgia architect could possibly offer guidance about where to research building codes, fire safety codes, or other applicable statutory authority. Good luck... View More
answered on Oct 14, 2020
Are you wanting to arrange for a power of attorney for the family member? You can work with an attorney to have that established. This depends on the type of power and decisions you are wanting to give the person the power to make.
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answered on Jun 11, 2020
Yes. I am not clear on "medical consultant" but a power of attorney can include provisions to allow the agent to access medical records. It is also recommended that an advance directive for healthcare be completed as this will appoint an agent for healthcare decisions.
Does Georgia law permit a probate court judge discretion to 1) refuse to order an evaluation by a physician, psychologist or a licensed clinical social worker, 2) If no, does the State of Georgia recognize the guardianship order, and 3) prohibit, or even have the authority, to deny an application... View More
answered on May 13, 2020
1. An evaluation is required by law and the court cannot simply order that it not occur.
2. The State of Georgia along with all people and entities must recognize the Order
3. As for prohibiting or denying an application for services, that is not connected to the guardianship... View More
I am the oldest of 4 adult kids, and single mom to a teen. I can no longer provide the financial and physical support for my aging mom ( turns 70 in Jan) as I have for the past 14 years. My other 3 siblings have no children, although the next oldest is married. Can I be sued for asking Mom to move... View More
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answered on May 9, 2020
You should talk to both a professional care manager and an elder law attorney about options for support caring for your mom. She might be eligible for Medicaid to pay for assisted living or skilled nursing, depending on the level of care needed. Good elder law attorneys either have professional... View More
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