Legal Question in Wills and Trusts in Georgia
my mother is mental unstable which forms to i need to get power of attorney?
Asked on 8/18/10, 6:26 am
2 Answers from Attorneys
Scott Riddle
Law Office of Scott B. Riddle, LLC
If your mother is mentally unstable, she may not have the capacity to even sign the "forms." Further, these matters are very poorly handled by downloading "forms." If your mother has, or is beginning to have, mental problems, see an elder lawyer immediately before it gets worse, to properly handle ALL affairs.
Answered on 8/23/10, 6:32 am
Glen Ashman
Ashman Law Office also dba Glen Ashman Attorney
If she is mentally unstable, she likely cannot do a power of attorney. You need to meet with a lawyer (actually SHE has to do it). If she is competent, she can do a power if she wishes (you cannot compel it). If she is not competent, you can, with a different lawyer than the one who advised her, consider a guardianship.
Answered on 8/23/10, 9:40 am