Richard Samuel Barid’s Answers

Richard Samuel Barid

Savannah Elder Law Attorney.

Contributor Level 7
  1. If someone who has POA for an elder misuses their funds causing them to lose there home of 57 years, what can be done?

    Answered 10 months ago.

    1. Richard Samuel Barid
    2. Geoffry Eugene Malicoat
    3. James Bunkey Swain
    3 lawyer answers

    I'm sorry to hear about this situation. I am licensed in GA, so it will be important for you to get specific advice from an attorney licensed in the state in which your aunt and the house were located. In a general sense, a person operating as the attorney-in-fact (agent) under a power of attorney has a fiduciary duty to the person who granted the power of attorney (your aunt, in this case). That duty required the son-in-law to use his power to act in your aunt's best interest. His...

    5 lawyers agreed with this answer

  2. What actions can I take if an acting Power of Attorney agent is manipulating her powers?

    Answered 10 months ago.

    1. Lawrence A Friedman
    2. Pardis Patrick Ashouri
    3. Joseph Franklin Pippen Jr.
    4. Richard Samuel Barid
    4 lawyer answers

    Contact Adult Protective Services where your grandmother lives immediately (or whatever agency advocates for adults who can't protect themselves). That agency may make a referral of the case to the local District Attorney's office. You, too, can contact the police and/or District Attorney's office located where your grandmother lives. DA's offices often have elder abuse prosecutors specially trained and tasked with addressing these sorts of situations. You can also alert the banks and...

    3 lawyers agreed with this answer

  3. If my name is wrong on a court document dose that make the document invalid???

    Answered over 3 years ago.

    1. Elmer H. Young III
    2. Richard Samuel Barid
    3. Jason A. Waddell
    4. Michael S. Haber
    4 lawyer answers

    This question may be more thoroughly answered if you post it in the criminal law or criminal defense section of AVVO. Probate is, generally, the area of law dealing with people's estates once they pass away or if they are incapacitated. As a general answer, a typo does not make a legal document invalid. There are certain exceptions that a qualified criminal defense attorney can better explain to you. For instance, there are circumstances in which a special type of objection to an...

  4. Does power of attorney override last will and testament

    Answered over 3 years ago.

    1. Richard Samuel Barid
    2. Jeffrey L Crown
    3. Boyd Scott Wiley
    3 lawyer answers

    A power of attorney (POA) is only effective if it is voluntarily granted, properly executed, not revoked, and the person granting the power of attorney is still alive. Also, in Georgia, a power of attorney is not effective to change title to real property (real estate) unless the power of attorney makes specific reference to the piece of real property and the specific transaction. The POA must also be executed with the same formality as a deed transferring real property (that is, the POA...

  5. Conditions of probation are not clear.

    Answered over 3 years ago.

    1. Richard Samuel Barid
    2. Michael S. Haber
    2 lawyer answers

    You will do better to post this question in the criminal law or criminal defense category. My interpretation of those conditions would be that, among other things, you are not to drink any alcohol. Condition 2 is restricting you from getting intoxicated AND from other injurious and vicious habits. If all you had was condition 2, perhaps you could have a drink without violating probation. However, condition 8 is more specific and clearly says you are not to drink alcohol at all. If you...

  6. How can my parents get legal gaurdenship of my impaired sister from her husband in ga?

    Answered over 3 years ago.

    1. Schuyler Fleming Hoynes
    2. Muna H. Claxton
    3. Dale S. Davidson
    4. Richard Samuel Barid
    4 lawyer answers

    I'm so sorry to hear about your sister's condition. It must be very difficult for her and for your family. The way the question is phrased, it sounds as if your sister's husband might already have guardianship. If so, your parents as "interested persons" as defined under GA code section 29-1-1 can file a petition in Probate Court to have the husband removed as guardian under the terms of GA code section 29-4-52. The court would investigate your allegations about the current guardian and...

  7. How do my father file for guardianship for my kids in atlanta. He is in New Jersey. I am the mother and was incarserate for 6mth

    Answered almost 4 years ago.

    1. Richard Samuel Barid
    1 lawyer answer

    I am sorry to hear about this difficult situation. The first place the law will look regarding custody of your minor children is the father of those children. If you are married to the father, if you are separated from the father, or if there have been any legal proceedings granting any rights to the father - that is often the first place that the department of family and children's services will look. If you want your father to have guardianship over your children, he should contact a...

  8. How much does it cost to set up a trust fund?

    Answered over 4 years ago.

    1. Robert John Murillo
    2. Richard Samuel Barid
    2 lawyer answers

    It is important that you know I am a Georgia licensed estate planning attorney. Before you take any action on this issue, you should consult an attorney licensed in CO. The legal fees involved in setting up a trust for you money will vary widely depending on what sort of assets are involved, what you are trying to accomplish by setting up the trust, and the level of experience/ability of the attorney you hire to do the work. In estate planning, as in most things, you get what you pay for....