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  1. #1
    Crying is offline Junior Member
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    Feb 2006
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    Question POA & Incompetency questions

    What is the name of your state? Georgia

    I have a 70 year old Uncle with neither a wife nor children of his own that has a severe alcohol problem that has caused frontal lobe damage. We are seriously contemplating "commitment" but have questions about it in the legal aspect.

    1. We have a POA signed by him. If we proceed to have him deemed incompetent/committed will that nulify the POA?

    2. what is the process of his being committed? ie:is it just a 30 day detox situation, or is it more intense and longer if he's still not well.

    3. We are aware of needing only 2 signatures of family members to start the process, but can we have the 4 parties (including myself) involved in the situation all sign in order to halt any later backlash from him? ie: singling out individuals to disinherit over this, IF he ever gets better--and that's a very slim chance at this point after talking with his Dr here.

    4. Is it necessary at this time to have him update his will if he is deemed incompetent? Would it get thrown out later over the mental situation? (the court would divide it the way he's always said he was going to do it anyway--been down the non-existant will road before)

    Any input would be GREATLY appreciated! We have until March 27th to do this (he has dual residency--NOT citizenship--in the UK) he will be headed back over seas then.

    Oh! One last question... Does anyone know if the POA would work on getting his medical records from the UK? He's had several detox trips over the last couple of years there.

    THANK YOU!What is the name of your state?
  2. #2
    BlondiePB is offline Senior Member
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    I have a 70 year old Uncle with neither a wife nor children of his own that has a severe alcohol problem that has caused frontal lobe damage. We are seriously contemplating "commitment" but have questions about it in the legal aspect.

    1. We have a POA signed by him. If we proceed to have him deemed incompetent/committed will that nulify the POA?
    No.
    2. what is the process of his being committed? ie:is it just a 30 day detox situation, or is it more intense and longer if he's still not well.
    Have the POA talk with the facility's administrator.
    3. We are aware of needing only 2 signatures of family members to start the process, but can we have the 4 parties (including myself) involved in the situation all sign in order to halt any later backlash from him? ie: singling out individuals to disinherit over this, IF he ever gets better--and that's a very slim chance at this point after talking with his Dr here.
    Ask the facility's administrator.
    4. Is it necessary at this time to have him update his will if he is deemed incompetent? Would it get thrown out later over the mental situation? (the court would divide it the way he's always said he was going to do it anyway--been down the non-existant will road before)
    Incompetents cannot change any estate papers.
    Oh! One last question... Does anyone know if the POA would work on getting his medical records from the UK? He's had several detox trips over the last couple of years there.
    No, this site only deals with U.S. law.
    THANK YOU!
    You are welcome.
  3. #3
    Crying is offline Junior Member
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    No, this site only deals with U.S. law.
    Do you happen to know what Gov. agency could tell me if the POA will carry over to the UK?

    Thank you for the other information... it's a great help!
  4. #4
    BlondiePB is offline Senior Member
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    Quote Originally Posted by Crying
    Do you happen to know what Gov. agency could tell me if the POA will carry over to the UK?

    Thank you for the other information... it's a great help!
    You're welcome. You'll have to make some phone calls to the UK.
  5. #5
    anteater is offline Senior Member
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    Quote Originally Posted by Crying
    Do you happen to know what Gov. agency could tell me if the POA will carry over to the UK?

    Thank you for the other information... it's a great help!
    If you are near Atlanta, you might drop in to the British Consulate to see if they can help.

    (Around tea time is often best. Tends to make the Brits more mellow.)

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