QUESTION
How can I legally handle my mothers affairs in estate planning?
Asked on Jul 20th, 2011 on Estate Planning - Georgia
More details to this question:
I am primary caregiver for widowed 81 yr old mother. She is unable to handle her affairs. She needs total care, with many medical conditions. She is unable to sign, so I will have to get a written letter from Dr. stating this. Can this form be created online and notarized with all the correct credentials? She has dementia and lives with me (daughter). I've been advised that I need Durable Power of Attorney to handle her finances. I have been given authority from my siblings. I've had that responsibility for 13 years.
3 ANSWERS
Your siblings can not give you that authority. From the facts it appears that you will have to seek to be a conservator. Good luck, and I wish you the best.
Answered on Jul 22nd, 2011 at 12:42 PM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
You will need to establish a guardianship is she is not competent
Answered on Jul 22nd, 2011 at 11:35 AM
Glen Edward Ashman
Since she has dementia, she CANNOT do a power of attorney. Had she seen a lawyer when she was young, she would have made one when she was healthy. She cannot do it now. You can petition a court to become her guardian. There are many pros and cons to this, so meet with a lawyer before you decide if you want to undertake this.
Answered on Jul 22nd, 2011 at 11:35 AM