Legal Question in Family Law in Georgia
My sister has been declared mentally disable by the Social Security and she's receiving monthly benefits. Now my family want to designate me to handle her finances and health. Can we obtain an general power of attorney to achieve that goal? I don't think she's competent enough to authorize an power of attorney. So now who can legally handle her situations? our parents? what documents do we need now?
2 Answers from Attorneys
A mentally incompetent person cannot execute a power of attorney. In such cases someone needs to go to Probate Court and be designated a guardian over the property. That is more complex than a power of attorney and you need counsel.
It would be a huge mistake for you and your family to look for forms or website advice on what to do. You need to see an elder law attorney in your area before doing anything. Your sister may or may not be "elder," but similar principles apply. The lawyer will then guide you on what documents to prepare an what court action may be necessary.
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