Legal Question in Wills and Trusts in Georgia
Bad apple of the bunch wants Power of Attorney
I have 1 of 5 children. My father died 4 yrs ago & my mother has Alzheimer's and is in a Personal Care Home. My brother has been renting my mother's home (3 months behind in rent). He claims that his truck was broken into and is trying to file a claim on my mother's insurance. The insurance is requiring a Power of Attorney which my mother does not have. She does have an executor in her will though. The brother that has filed this claim has went to a lawyer and had papers prepared making my sister, myself & then him as Power of Attorney. He's wanting us to sign this document even though all he showed us was the paper where our signature was to go. We don't want to sign this because he's a con-artist and we don't trust him whatsoever. The insurance has been told this, but they say the claim is legal. We are worried if we give him this power he will then try to start figuring out a way to get my mother's house. He's already taken most of what my parents had by borrowing money & taking advantage of them. My question is what should we do about the Power of Attorney? Would the executor of the will be the one that should be the Power of Attorney and can the executor add someone to be executor with him? Thank you.
2 Answers from Attorneys
Re: Bad apple of the bunch wants Power of Attorney
Depending on your Mother's state of mind, she might not be able to lawfully execute a Power of Attorney. If she has an advanced version of the disease you may need to pursue other legal avenues, possibly a guardianship. In any event, the Executors role does not begin until she dies, so that's a moot point. Why don't you go back to the Attorney and try to set up so that two children have to sign for her jointly for any decision made on her behalf using the Power of Attorney.
Re: Bad apple of the bunch wants Power of Attorney
Sounds like mom can not execute a power of attorney. You may want to consider a guardianship if your brother is a con artist as you claim. This, if successfully petitioned for, could allow somone else to manage mom's affairs so that brother never will be able to. The guardian can then try to remove brother from the house for failure to pay rent, if needed.
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