Legal Question in Wills and Trusts in Georgia

Meet with an elder law attorney and determine if it would be appropriate for you to file to become her guardian/conservator.

I agree with Attorney Ashman. Even if your aunt had a will, it would not help you one iota. Wills are for deceased persons and serve to provide for the orderly transfer of the dead person's property to the living.

Powers of attorney, on the other hand, are designed to allow another person (the agent) to manage the property of a living person. Powers of attorney end at death, so if your aunt passes, then this would no longer be relevant. If your aunt had made a financial power of attorney prior to her stroke, the agent named in the power could have used it to pay her bills (this is usually among the specified powers). Your aunt would have to be mentally competent to sign it though. If your aunt is not competent, (it sounds like she is not if she had a massive stroke), then you cannot have her sign it now. In such case, your only remedy is to file a petition to be appointed as conservator of your aunt's property and finances.

Your aunt will also need a guardian of her person if she does not have a valid power of attorney for health care already executed. The duties of a guardian are to make health care decisions for your aunt for so long as she is incapacitated and unable to make decisions for herself. Some of these duties would be to consent to medical treatment (like surgery or the administration of drugs), to admit her into a rehabilitation facility, consent to x-rays and other diagnostic services and see to the care of her person.