Legal Question in Disability Law in Georgia

hi my name is heather ellis how can i become the estate for my mom.

Asked on 2/07/13, 9:16 am

1 Answer from Attorneys

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What exactly does this mean? You are a person. An estate is a thing; it consists of all assets (land and everything else) owned by your mother. So you cannot be an estate but you could be a personal representative or conservator. And why is this a disability/discrimination issue?

If your mother is deceased, you would possibly need to probate an estate for your mother. Probate involves submitting your mother's will (if she had one) to the probate court, getting appointed as personal representative and overseeing the payment of your mother's debts and distribution of her assets to her heirs/beneficiaries.

If your mother is alive, then your mother may need a conservator to handle her finances if she is mentally or otherwise no longer competent to do so. If she does not have a financial power of attorney and she is incompetent, then you would have to petition the court to become the conservator. She may also need a guardian to handle the care of her person if she is mentally incompetent.

I would suggest that you determine if your mother is alive or dead. If she is deceased, then you need to see a probate attorney regarding the administration of the estate. If your mother is alive, then you need to see an elder care attorney regarding a conservatorship and/or guardianship.

If your mother is mentally competent but is afraid that she soon may not be and she wants you to handle her affairs and the care of her person, then your mother needs to see an elder law attorney and have the attorney draft a financial and health care power of attorney appointing you as the agent.

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Answered on 2/11/13, 11:13 pm

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