Legal Question in Wills and Trusts in Georgia

You asked this question before. The same answer applies. Read the power of attorney. I don't know if its the standard Georgia form or if it was drafted by an attorney. If its the standard form, then probably not. If it was drafted by an attorney, then maybe, but it depends on the language.

You ask if this is "legal." This is an idiotic question. Wrong question and wrong questions result in wrong answers. Everything is legal unless its a crime. Its a crime to misuse a power of attorney to do certain things, like enrich yourself at the expense of your mother. However, if the power of attorney authorizes you to act on behalf of your mother in the conduct of her personal affairs then its not illegal.

Why would you need an affidavit? A power of attorney is valid if its properly witnessed and signed. I am starting to think by these questions that you really have no idea what you are doing. In such case you need to take the actual power of attorney to an elder law or estate planning lawyer who practices in the county/state where your mother lives and pay for a 30-60 minute consult as to what you can or cannot do with the power of attorney.

I do not understand how step-brother is "trying to take away" mother's rights. Is he trying to get her to execute another power of attorney or obtain guardian/conservatorship over her assets? This is yet another reason why you need to consult with an attorney.

And if your step-father is dying and knows your mother has dementia, why does the step-father not make his own arrangements now in planning? Many people pre-plan their funera/burial. In fact, for my clients, when I do their estate plans, I always include funeral/burial instructions so that their surviving loved ones are not left to guess what the person wanted. Why doesn't your step-father make these arrangements? That certainly would solve the problem. And since he is only your step-father, why is it exactly that you care? Does not the man have children who can make this decision for him if he fails to do so?