My aunt is in some stage of demensia and lives in her own home with my father ( also elderly) I am her POA but she is not acting in her own best interest with her money. She has been scammed for a large amount of money and i worry that she will lose other assets. I want to protect her assets but she does not want any interference. Would asking the court for guardianship affect her homestead tax discount in the state of Georgia? Can I apply for guardianship without an attorney in the state of georgia? I also live out of state but visit her every 3 mos and there are other relatives who look in on her three times a week. None of them want to be guardian, as far as i know. Is there a non-adversarial way to obtain guardianship. Can she sign papers that will give guardianship to me voluntarily, even if she has some memory loss? i also cannot find anyone to assess her. Does the court have a list of psycologists who can do that?
Imposition of a guardianship will not, in and of itself, affect homestead exemption. You can apply on your own for her, but its best to have representation, especially if you live out of state. She cannot voluntarily "give" guardianship--the court has to find it necessary; she can be in agreement with the proceedings and that can be helpful. A POA designation can be persuasive to the court, as well.
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