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Power of attorney

Atlanta, GA |

My mother is 78 years old and her health is deteriorating rapidly. how do I go about gettinga power ofattorney?

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Attorney answers 4


A lawyer should sit down with your mother and draft a power of attorney, naming you as her agent (assuming that's what she wants). Many attorneys do this sort of thing on a reasonable flat-fee basis, but I would strongly advise using a specialized estate attorney. Don't bargain shop. Like with most legal documents, a power of attorney is not the kind of thing you want to foul up on the front end.

It is true that a number of forms for POA's can be found both online and at stores like Staples. For what they're worth, such forms are not bad. It's the advice and representation that accompanies the form that makes an attorney so worthwhile.

No attorney-client relationship or privilege is formed by this communication. This answer is to be considered as a general discussion of legal principals and is NOT LEGAL ADVICE. If the asker seeks specific legal advice, he should retain an attorney, who will naturally take the time to consider all aspects of the case and perform any necessary legal research.


1. If her health has already deteriorated to the point that she is unable to give you a power of attorney, then you can't get one. Your next option is guardianship, which is like a broad power of attorney granted by the court.
2. If she is in a facility, check with staff to see if they have a form they prefer to use.
3. Realize that POA's come in many flavors. There are financial POA's, health care POA's, etc.. That's why you need an attorney. You don't get a second chance to do it correctly.

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I'm sorry to hear your mom's health is declining. Presuming she still has her mental facilities she can sign a durable power of attorney naming you as her agent. I can help you with this. Feel free to call me at (770) 924-8155


So long as she is still mentally competent, she can execute a power of attorney for general or limited purposes, a durable power of attorney for health care, and any other legal documents. I highly recommend having an attorney do these for you so that you know that it is drafted and executed correctly. If she is no longer mentally able to make these types of decisions, you need to pursue an action to be appointed her guardian by the probate court. If there is some question of her competency, seek legal advice of the best way to go forward to insure that her needs are taken care of and that what you do is going to be valid and enforceable.

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 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 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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