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Alton H. Branson's Answers
- 3 Legal Answers
- 0 Legal Guides
1
Attorney answers:
What is the difference between Judiciary Rights and Custodian Rights?
This is a complex question, the answer to which is determined by circumstances under which lives with you. Who and where are the child's legal and/or natural parent(s)? Are you married to one of the child's natural parents? Have the natural parent(s) seen or provided support for the child? You may well be in a situation in which the natural parent's rights can be terminated by the court allowing you to adopt the child should you so desire. You would need to provide substantially more...
1
Attorney answers:
In Georgia can a medical care taker become a power of attorney of an ill person that was under the medical care.
Your question is complex. In Georgia, a caretaker cannot automatically become the agent or attorney-in-fact for the ill person unless he she has the mental capacity to sign a power of attorney. In the alternative, the most common way of obtaining control over the person's assets is to apply for a conservatorship through the courts. This is often done by someone without an attorney, but it is wise to be represented. What is said and left unsaid can determine whether the court will grant the...
3
Attorney answers:
Power of attorney
No. In Georgia, no one can be granted a power of attorney by one who suffers from dementia. If there is already a Power of Attorney in place from the spouse with dimentia, then the person or persons named in the instrument are allowed to serve. Be cautious about using a power of attorney in Georgia as most banks and other financial institutions no longer allow them often requiring a court procedure in which a conservator is appointed by a court who takes over all assets of the "ward". This can...