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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.

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

Posted

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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

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.

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Posted

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 your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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Posted

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 you, I am attempting to communicate general legal information and am not representing you. Here on AVVO, I'm limited to the facts and details that you provide to me, and it's impossible for me to get the "big picture" that I would create based on a consultation with you. So, it is possible that my answers here, while meant to be helpful, may in some cases be incomplete or inaccurate. Accordingly, I highly recommend that you retain legal counsel rather than rely on the answers here. I'd be happy to assist you further, so please feel free to contact me using the contact information listed above. Any information in this communication is for discussion purposes only, and is not offered as legal advice. You have no right to rely on the information contained in this communication and no attorney-client relationship is formed. Finally, nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein.

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1 comment

Mandy Moyer

Mandy Moyer

Posted

I recommend consulting an attorney and bringing the document that you and your mother signed to him or her, so that they can provide you with complete legal advice based on the actual paperwork that you signed. Best of luck with this situation!

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