Legal Question in Wills and Trusts in Georgia

My father had a stroke. I have been signing all the hospital papers on behalf of him.I am his son.My cousin says she has a power of attorney for my dad.What can I do to get a power of attorney or guardianship for my father


Asked on 5/07/12, 2:21 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If he's had a stroke, he probably lacks the ability to give you power of attorney. You should meet with a lawyer to determine what you even can do, much less should do. In some cases nothing may also be an option, depending on the specific situation.

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Answered on 5/07/12, 5:55 am

I would second these comments. If your father is mentally incompetent, then he cannot make a power of attorney, either financial or healthcare. What kind of a power of attorney does the cousin have? Financial? Healthcare? Or both?

If the cousin only has financial power of attorney, then this gives her no rights to make healthcare decisions for your father. Does your father have a spouse? If not, then I suppose oit might be proper for you to be making health decisions if nobody has a valid healthcare power of attorney.

What you should od depends on your father's condition. Is he likely to recover his mental capacity? In such case, you might not do anything. If your father is going to be mentally incompetent for awhile, then you need to see an elder law attorney about obtaining guardianship over your father's person or conservatorship (this will defeat a financial power of attorney) over your father's finances and property.

You need to get a copy of that power of attorney purportedly held by your cousin to see what it says. I would then have it reviewed by an elder law attorney and pay for a consult regarding your options.

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Answered on 5/07/12, 9:43 pm


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