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Georgia - How to get limited power of attorney if grandfather cannot sign due to medical reasons?

Milledgeville, GA |

My grandfather co-sign a car with me a few years ago. Now I am trying to trade car in and they need to signature to finish the purchase. He is in the ICU of the hospital and cannot sign anything. He cannot take care of himself and once he gets moved to an acute care facility he cannot leave. He has stage 4 lung cancer and has a ventilator in his trach so he can not talk either. How would I get limited power of attorney to finish the trade? I can prove I have paid every payment and I am the one insured on the car and not him so it is clear that the car is mine and he just co-signed to help me get it. Also how would we even get a general power of attorney because he needs that but if he cannot sign how could this work? I have been getting the run around all day and just want an answer!

I am going to hospital tomorrow with a notary and hoping he is awake enough to comprehend and at least put a X on the paper or something; if this doesn't work I need to know what to do.

Attorney Answers 3

Posted

Unless he has mental capacity he CANNOT give power of attorney. Given the medical situation, talk to a lawyer and do NOT just carry a form to the hospital. The answer may be that you cannot do what you seek, or it may be you can. But doing it if you legally could not may have later repercussions for you.

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Posted

He has mental capacity and can comprehend stuff but sometimes they have him sedated. But when you ask him questions he looks and you and squeezes your hand yes or no but I am not sure if he has strength to pick up a pen and sign anything. Can his wife (my grandmother) sign anything on his behalf or can we ask the court and say he cannot take care of himself and cannot sign anything and grant someone power of attorney for him. - If we have proof from doctor.

Glen Edward Ashman

Glen Edward Ashman

Posted

Courts CANNOT grant power of attorney (you might seek guardianship but that's expensive, takes a while, and might not be usable to do what you wish). No one else canm sign for him. If he can make an x or mark and understands what he is doing, that's enough. You still want a lawyer to draft the POA, and you want a written letter from his doctor saying he has capacity to do a POA. Have that AND the POA properly notarized and executed per your lawyer's instructions - do NOT use forms.

Posted

I have some ideas. Please either call myself or another attorney on this forum.

Sam Levine, Esq.
(404) 303-8875

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Posted

As most people do, you have waited too long to get a Power of Attorney. POA's have to come from people who are willing and able to give them. Once a person becomes too incapacitated to give you a POA, you have to seek a guardianship from a court, which is a much more complicated process. Once your grandfather passes away, though, whoever becomes the executor of his estate will have to power to sign what it is that you need signed.

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