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Georgia Elder Law Questions & Answers
1 Answer | Asked in Estate Planning and Elder Law for Georgia on
Q: I HAVE HAD A GENERAL POA SINCE APRIL 2002 FOR MY MOTHER THAT IS RECORDED IN FULTON COUNTY GEORGIA.

EARLY ONSET ALZHEIMERS AND DEMENTIA HAS BEEN CONFIRMED RECENTLY AND MY AUNT TOOK HER TO AN ATTORNEY AND DREW UP A WILL AND A POA TO SIGN BUT DID NOT HAVE IT RECORDED ONLY NOTORIZED . HOW DO I GET THESE THINGS RELINQUISHED?

ALSO, CAN I REMOVE HER AS EXECUTOR OF THE WILL BEFORE HER DEATH?

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 13, 2019

Usually when a new POA is written, previous POAs are revoked. If that is the case, your authority as agent under the 2002 document would no longer be valid.

Even if you are (or later become) agent, you have no authority to modify your mother's will. So no, you can not change the executor.

1 Answer | Asked in Elder Law for Georgia on
Q: I really don’t know what to do. I need some legal advice. My sister forced power of attorney from My dad.

She told my dad that she would ruin me if he did not sign it over. Then told me if I did not want to lose my life and career... car apartment and all. I better get him to sign it over. My dad is in the beginning stages of Alzheimer’s. I am single and my dad had been helping me along. I have... Read more »

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 13, 2019

Since your Dad is still competent, he could execute a new power of attorney naming someone other than your sister as agent and revoke he POA giving her authority. If she is still trying to manipulate your dad, you should contact law enforcement of Adult Protective Services in the county where you... Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Georgia on
Q: Who is responsible for a parent that has had a stroke? Is the mother responsible or the daughter?
Homer P Jordan IV
Homer P Jordan IV
answered on Nov 15, 2018

There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Elder Law for Georgia on
Q: How do I file for my permanent guardianship of my mother and have her with me?
Homer P Jordan IV
Homer P Jordan IV
answered on Sep 13, 2018

Your question is a little confusing. Are you a minor asking this question? Is your mother elderly and needs to be cared for? Without knowing more facts it is difficult to provide you with a thorough response. You can consult with an attorney regarding filing for any type of guardianship. An... Read more »

1 Answer | Asked in Elder Law and Probate for Georgia on
Q: Mother passed with will while in nursing home paid for via Medicaid. I am only living child and only heir in will.

Her only asset is land in south Georgia worth approximately $65,000 which I would like to keep. Will I be required to sell land to satisfy Medicaid Estate Recovery? If so, can I buy the land or negotiate with Medicaid to pay a portion of the total they paid out (she was in nursing home for over 5... Read more »

John W. Chambers Jr
John W. Chambers Jr
answered on Jun 16, 2018

Here is a link to a brochure available from the Georgia Department of Community Health: https://dch.georgia.gov/sites/dch.georgia.gov/files/Web%20Version%202014.pdf. The brochure states: "The total gross value of the estate must be valued over $25,000 for estate recovery to apply. An... Read more »

2 Answers | Asked in Elder Law and Estate Planning for Georgia on
Q: My mom is my dad's POA, can she sign an updated will for him as his POA?
Regina Irene Edwards
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Regina Irene Edwards
answered on Jun 7, 2018

This is a trusts / estates question. Please post in that forum.

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2 Answers | Asked in Family Law and Elder Law for Georgia on
Q: My stepsister's daugh & I got in an argument. Can the daugh stop me from visiting my disabled brother?

My brother and my stepsister are both disabled. The daughter says I can't come to "her" home". The only thing she pays is 1/3 of the rent, and she has a 20 yr old, 16 yr old & 1 yr old living their also. All three adults are on the rental agreement. Can she stop me from... Read more »

P. Justin Thrailkill
P. Justin Thrailkill
answered on May 23, 2018

You need to talk to DFCS if you are concerned about potential elder abuse. Otherwise, if she has an interest in the property she can keep you out if you are not invited by another co-renter.

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1 Answer | Asked in Family Law and Elder Law for Georgia on
Q: How do i file a motion for due process concerning a family matter in court that has been ongoing since the fall?

My grandmother was abused by her caregiver (daughter) financially which caused APS to investigate and place her SSI check on hold. For the past 6 months I have taken care of her throughout this investigation. I took on the role because I did not want to see my grandmother placed in a nursing home... Read more »

P. Justin Thrailkill
P. Justin Thrailkill
answered on Apr 5, 2018

Schedule an appointment with a local attorney to discuss your case. You would need to file to remove the conservator and appoint yourself or the county conservator.

1 Answer | Asked in Elder Law for Georgia on
Q: I paid $6000 to an elder law attorney to get my brother on Georgia Medicaid. Is there any way I can be reimbursed?

He will soon be getting an income tax refund and a nursing home refund.

Richard Winblad
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Richard Winblad
answered on Mar 28, 2018

Visit with the elder law attorney. Sounds like you loaned your brother money & you should be repaid.

1 Answer | Asked in Elder Law and Estate Planning for Georgia on
Q: POA sold home that was willed to my husband, two months before owner passed? who gets the money from the sale?

My husband was willed this mothers home. The POA decided to sell the home (so the money could be used to take care of the owner) and the owner passed less than two months later. Who should received the money from the selling of the home? The owner passed away in SC, but the property is in GA.

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 26, 2018

If the power of attorney was properly using the POA, then the money derived from the sale of the home will pass in accordance with the Will or the laws of intestacy. The money does not flow to the person who was left the home in the will.

2 Answers | Asked in Family Law, DUI / DWI and Elder Law for Georgia on
Q: How do I legally stop my alcoholic and drugged husband from driving?

He’s a veteran and has been diagnosed with Dementia.

Kim Ebert
Kim Ebert
answered on Feb 4, 2018

In offering suggestions to you through this forum, I take no responsibility whatsoever for any course of action you do or don't take. I am providing you a courtesy only.

If you have proof of the dementia, you can always go talk to the Department of Drivers Services (aka...
Read more »

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1 Answer | Asked in Criminal Law and Elder Law for Georgia on
Q: What's the max sentence on elderly abuse in the state of ga

What's the max sentence on elderly abuse in ga

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Jan 30, 2018

What statute is the person charged under?

2 Answers | Asked in Elder Law, Estate Planning and Real Estate Law for Georgia on
Q: How do I transfer ownership of my home to my adult son and keep living in it without the worry of being asked to leave?

Georgia home, no mortgage, want to alleviate my financial burdens,know my son wants to buy the house just can't qualify for it yet.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Jan 28, 2018

You have suggested two different things in your. The first is that you want to son to have your house and you want to make sure you will not be asked to leave.This is accomplished by signing a quit claim deed giving your house to your son. Then, enter into a contract with your son for you to have... Read more »

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1 Answer | Asked in Elder Law, Probate and Estate Planning for Georgia on
Q: So if someone has appointed conservators and dies with will naming a son as executor does will have to be probated

Son has founded elder abuse allegation but was never

Charged or tried but was removed as a conservator for cause

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jan 17, 2018

The will has to be probated regardless. Just because that person is the nominated executor, doesn't mean the court will appoint that person. It is ultimately the court's decision. Contact an attorney about probaring this estate.

1 Answer | Asked in Domestic Violence, Elder Law and Landlord - Tenant for Georgia on
Q: How long do I have to report vandalism? I was hoping the person that did it would make things right & it's my brother.

He has anger problem & now he just gave me 7 days to get out of house that I'm the only one living there. I am w/o job now & social security owes me back to April & i have not seen a penny of it. I'm frightened because of other circumstances & an EX convict involved.

William C. Head
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William C. Head PRO label
answered on Aug 7, 2017

By waiting, you will not look like you are retaliating. A good defense lawyer will point that out. Will say that you only filed it, in an attempt to collect a debt.

Plus, whatever he vandalized likely has its own story. Think of the long term effect of pressing charges against a family member

1 Answer | Asked in Personal Injury, Wrongful Death, Elder Law and Medical Malpractice for Georgia on
Q: If my siblings and I suspect abuse of our father before his death, will we be able to file a lawsuit?

My dad died 2/20/16 shoulder or arm was fractured in 3 places. When transported to first hospital x-ray was done and see there was a fracture that was about 20 days old. My uncle and his son states that they don't know how it was fractured. After the first hospital told my uncle that it... Read more »

William C. Head
PREMIUM
William C. Head PRO label
answered on Jul 30, 2017

You may not be able to get any lawyer to file suit. The statute of limitations is 2 years. But, with not forensic proof or doctor who saw him to say their fault, you likely lose.

2 Answers | Asked in Estate Planning and Elder Law for Georgia on
Q: My parents recently updated their will and my dad is getting sicker is under Hospice care and my dad goes before my mom

Mom currently doesn't have a will because of the Alzheimer's my dad only has a will but everything's supposed to go to my mom after in the will after my dad passes who has a lot more physically sick very badly under hospice

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 22, 2017

What exactly is your question? If dad goes first, mom would either inherit everything under his will or if things are owned jointly, there may be no need for probate at all and Mom would just own everything outright. When she goes, if she has no will and can't make one (as seems to be the... Read more »

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1 Answer | Asked in Consumer Law, Criminal Law and Elder Law for Georgia on
Q: Home nurse has stolen thousands $$ fm my recently deceased father. Need to stop the fraud. Need advice on how to proceed

Will leaves everything to me; he had annuities for my children in trust ages 16 & 21 and they are in trust until 25. This woman had him sign them over to her and she has cashed them. My father had dementia. There is much evidence of fraud. She has ran up over 100K in credit card debit in one... Read more »

Adam Studnicki
Adam Studnicki
answered on Jan 15, 2016

Talk to an elder law lawyer about investigating claim for elder financial abuse or other claims.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
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1 Answer | Asked in Elder Law for Georgia on
Q: A wife needs to know how she can get her husband to sign papers; he's 80 and a senior
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 31, 2013

The same way he ordinarily signs papers. If the is mentally competent to know what he is signing its not an issue. If he is not mentally competent, then he cannot sign a paper or make a power of attorney nominating an agent. In such case, guardianship would have to be established (for his person)... Read more »

2 Answers | Asked in Elder Law for Georgia on
Q: Is a recusal order required when a writ of mandamus is assigned to a senior judge?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 24, 2013

Why is this an elder law question?

Why would recusal be mandated regardless if the case is assigned to a senior or regular judge? You provide no facts warranting recusal. A senior judge is no different than a regular judge. Senior judges usually work reduced hours or on an as needed basis....
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