Legal Question in Wills and Trusts in Georgia

my mother was diagnosed with dimentia--pregressing to alzheimers. She fell and is in a coma. Has been since april of 2006. We are operating her business as we have all five worked there. One brother is managing the business and has for several years. I would like to know what we need to do to be legal in operating the business in her name and to continue to use her LOC for begining year expenses. Also ask mainly to be able to protect her assets from being squandered by one of the five siblings. Mom and Dad could need these assets for their health care and living expenses. They worked and planned to be self sufficient. What are the duties of a custodian and also of the executor? What would this allow us to do to protect her assest, credit rating and her name? Diane


Asked on 12/28/09, 3:54 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

An executor isn't applicable as she isn't dead. That happens in a will.

Hopefully she left a power of attorney.

There is no such thing as an LOC. But to operate someone else's business requires various legal steps and you need to get a lawyer. That should have been done in 2006.

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Answered on 1/02/10, 5:03 pm
Charles W. Field Charles W. Field, Attorney at Law

You might want to consider an adult guardianship. Consult with a local attorney.

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Answered on 1/02/10, 5:06 pm


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