Legal Question in Credit and Debt Law in Georgia

My grandmother cosignedon a car loan for me. After several years her health got bad LOU GERIGS disease. The car was totaled out and the insurance company needs her signature to finalize their paper work and pay the loan off.According to the insurance company a power of attorneys signature will not be valid. Her children have told the police that they do not want me to come on their property at all. What are my options to get the paperwork handled?


Asked on 11/09/11, 12:24 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You haven't told us if you have power of attorney.

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Answered on 11/09/11, 4:31 pm

Co-signing was a bad idea. However, what's done is done. So the car was in an auto accident of some kind and is now totaled.

Whose name was on the car? Your grandmother must have done more than co-sign if the car is in her name. I can't imagine why else your grandmother's signature would be needed now.

Even though your grandmother has Lou Gehrig's disease, is she mentally competent now? If not, did your grandmother have the foresight to make a valid power of attorney? That is BS that the power of attorney's signature is not valid. If your grandmother made a valid power of attorney appointing someone as her agent, then the agent can do anything and everything for your grandmother that she could do for herself, provided that the power involved is among those specified in the power of attorney. In such case, send the paperwork to your grandmother's agent and advise them to sign it and send it in. Of course, if your grandmother is still competent, then mail her the paperwork along with a brief letter of explanation, have her sign and mail back to you or have her mail it to the insurer directly.

If your grandmother is not mentally competent and did not make a power of attorney, then someone will have to go to court to become the guardian of her property. I don't know if she is in Georgia - sometimes the guardian of the property may be called a conservator.

Once appointed, then the paperwork can be sent to the guardian and they can send it in.

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Answered on 11/09/11, 5:33 pm


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