Legal Question in Wills and Trusts in Georgia

My father is a veteran,...

My father is a disabled veteran. He got sick when I was very young. Because I was underage power of attorney was given to my aunt. I am 28 now and I cant get her to give me any information. He and I agree that I need to get power of attorney, but he is very weak and can't even make it though signing his whole name. He also gets confused at times and I am wondering if there is any way to overturn the power of attorney decision since I am his daughter and am of age to take care of him and his business. Please help, I am very concerned.


Asked on 10/31/07, 8:12 pm

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: My father is a veteran,...

Under GA law, he can sign a revocation of the power of attorney (and a new power of attorney), even if someone physically helps him manipulate the pen. Just have plenty of witnesses who can testify (1) that he stated that it was his wish to revoke the power of attorney, (2) that he appeared to be lucid, and (3) that he asked for help in signing his name. Get the witnesses to immediatly put in writing their observations about this, in case they are needed later. In my experience, the aunt may well try to argue undue influence, etc. For peace of mind, you might want to consult with a local attorney.

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Answered on 11/01/07, 9:18 am
Robert Thompson J. Robert Thompson Attorney

Re: My father is a veteran,...

If your father is competent, he can revoke the power of attorney, simply by delivering a written revocation to your aunt, or by complying with whatever conditions the original power provides for revocation.

The revocation can be combined with a new power of attorney naming you as attorney in fact.

If he is not competent, it will be necessary to have a conservator appointed by the probate court, who will then have the power to revoke the aunt's power of attorney.

You will need the assistance of an attorney, whichever is the case.

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Answered on 11/01/07, 11:48 am
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: My father is a veteran,...

More information is required to answer your questions. You should arrange a consultation with an attorney, who can assist you with determining any available options.

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Answered on 10/31/07, 10:05 pm


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