Legal Question in Elder Law in Georgia

My father lives in Valdosta, Georgia, 31605. He is in assisted care facility and has demitia. My brother had my Dad quick deed his condo to him, he sold it, put it into a bank account in his name, and he is now spending the money with no accountability. My brother is the personal representative, POA on my Dad's will. There are 5 other siblings who are on the will as beneficiaries. Is what he is doing legal? What is the Georgia law on this situation??


Asked on 3/05/16, 9:54 am

1 Answer from Attorneys

David Pollan The Pollan Law Firm

Although your father has dementia, if he was competent at the time of transfer of home, the conveyance could be construed as a gift. If that's the case, then notwithstanding the power of attorney and a Will, a gift during life when an individual is "competent" and free from fraud or undue influence when the gift is made is not actionable. However, if the effects of dementia at the time of transfer made your father incapable of understanding or appreciating the consequences of the transfer then the taking of his property, even if by his son, could be actionable both criminally and civily. I would urge whomsoever is your father's legal representative to contact the Georgia Division of Aging Services Adult Protective Services Unit and speak with a caseworker. I would also recommend the legal representative also contact an attorney who is versed in elder law, financial abuse and neglect, and adult incapacity.

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Answered on 3/05/16, 11:31 am


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