Legal Question in Wills and Trusts in Georgia
Power of attorney
My mother has 5 children. The youngest child left her husband and she and her daughter moved in with my mother. Our stepfather died recently. This sister took it upon herself to get power of attorney for my mother and my stepfather(before he died) without notifying the other 4 siblings. The 4 other siblings feel that the power of attorney should be given to the oldest child who we feel will act in my mother's interest better than the sister who has current Power of attorney. My mother has moderate dementia and did not understand the process of power of attorney. What can the other siblings do to replace the current power of attorney held by the youngest with that authority going to the oldest? All siblings live in the same city as my mother.
1 Answer from Attorneys
Re: Power of attorney
First, the power of attorney for your stepfather expired upon his death.
As to your mother, unless she is willing to voluntarily revoke the power of attorney, if you feel her dementia is to the point that she is vulnerable to being taken advantage of by your sister, a guardianship may be the only answer. Consult with a local attorney.
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