Currently my mom and i filled out a power of attorney durable form. We did on our own because we could not afford an attorney.

Asked about 1 year ago - Douglasville, GA

It was sent back stating we needed an affidavit, I would like to know what type of information is detailed in the affidavit and I believe we need signatures from witnesses.

Attorney answers (4)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Your question is exactly why you need a lawyer. There is no one form that would be appropriate for a power of attorney. What you need depends on the facts, which we don't have. The fact that you say someone is asking you for documents other than a power of attorney tells me that you are risking a lot by not getting legal advice. See a lawyer. This is likely pretty inexpensive.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. George Costas Andriotis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with Mr. Ash man. You need to consult a lawyer so that all the paperwork is completed properly.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  3. Robert M. Gardner Jr.

    Contributor Level 18

    1

    Lawyer agrees

    Answered . There are many different power of attorney forms, and there are specific requirements to make sure they are valid and enforceable, including witnesses. It would be impossible to tell you exactly what you did wrong without looking it over. Therefore, I suggest that you sit down with an attorney in your area to have them make sure it is done correctly. You say you could not afford one, but it may cost you alot more in the long run if you do the paperwork incorrectly. Also, as such documents are relatively routine for a lawyer who knows what they are doing, I think you might find the fees more reasonable than you think.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  4. Amanda Nichole Moyer

    Contributor Level 5

    1

    Lawyer agrees

    Answered . As the prior answers indicate, it's hard to say for sure what is causing the trouble without seeing the document itself. It's also not clear to me whether this is a Financial Power of Attorney or a Power of Attorney for Health Care (now called an "Advance Directive" in Georgia).

    That said, since you mention that you and your mother signed this document, but not anyone else, it seems that the completed document did not include witness signatures, or a notary signature and stamp. In Georgia, a Financial Power of Attorney must be witnessed by two witnesses and a notary. Both witnesses must sign the document, and the notary must sign and stamp the document.

    An Advance Directive (previously called a Durable Power of Attorney for Health Care) must also be signed by two witnesses. There is no notary requirement for this document in Georgia.

    If you find this answer helpful, please mark it here on AVVO as helpful. Now for the fine print: In answering... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,165 answers this week

2,962 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,165 answers this week

2,962 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary