Legal Question in Wills and Trusts in Georgia

I have power of attorney for my mother. The doc was executed in 2006 and has not been revoked. We're updating her advance directive. Do we need to update the POA as well?


Asked on 1/30/13, 4:31 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Possibly, and you should see a lawyer about an overall estate plan including other documents as well.

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Answered on 1/30/13, 6:58 am

GA changed its law regarding advance directives in 2007. However, any document executed prior to this is valid.

I have a question though - if you are using a power of attorney for your mother, it usually means that she cannot manage her own affairs. If that is the case, then she may not have the mental competency to execute any new documents.

If she is still mentally competent, then the answer is maybe. Was the original financial power drafted by an attorney? Was it thorough or just the statutory form? If it was just a do-it-yourself form, then perhaps it would be best for your mother to sit down with an estate planning or elder care attorney and have an attorney draft a proper financial power and healthcare directive. Your mother may also need to have her will or trust reviewed to make sure that it still comports with her wishes. If she does not have a will or trust then she needs one! In such case, she really needs to see an estate planning attorney about this. Wills and power attorneys are not all that expensive.

If everything is in order (meaning nothing has changed and any will or financial power was drafted by an attorney), then I cannot see why the financial power would need "updated" just because of the passage of time.

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Answered on 1/30/13, 1:04 pm


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