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

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!

Milledgeville, GA -

Attorney Answers (3)

Glen Edward Ashman

Glen Edward Ashman

Power of Attorney Lawyer - East Point, GA
Answered

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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Sam Louis Levine

Sam Louis Levine

Car / Auto Accident Lawyer - Atlanta, GA
Answered

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

Sam Levine, Esq.
(404) 303-8875

John Arnold Steakley

John Arnold Steakley

Criminal Defense Attorney - Marietta, GA
Answered

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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