Legal Question in Family Law in Georgia
My father was diagnosed with dementia 2 years ago and had to retire. i also relocated to his hometown to help him out. I am his son (only child) and my mother passed 3 yrs ago. I have had durable POA for 2 yrs and never used it till 5 months ago I believe. 5 months ago he decided to move some assets(properties) into my name for tax reasons and other personal reasons.Recently an ex girlfriend of his learned i his illness and has resurfaced making him think I stole his properties and he is threatening to sue me for the assets back. The signing was done at our families long time law office in front of 2 witnesses. Our family lawyer had my dad sign the deeds over but also had me signs as POA. Our family attorney is telling me my dad can't do a thing about the transfers of properties and his girlfriend needs to get lost???? Please advise if this in facttrue since I signed also as durable POA.
Thanks in advance
2 Answers from Attorneys
No one here can possibly analyze documents we have never seen and your attorney did see, so I am not sure why you are asking here if you already have counsel.
I should note that in many cases it would be improper for a POA to be used to transfer property to oneself as you did, but that is an issue you need to address with your lawyer as it is fact-dependent.
Of course no one here can tell you it was OK. We only know your version of the story, and some vague comment that your father supposedly decided to transfer the property to you (apparently at a time he had dementia). I'd say you need to get your own lawyer. The girlfriend might not have a say, but your Dad does and you are apparently also telling him to get lost.
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