Five Things to Know about the Power of Attorney in Georgia (Part 2)
No one likes thinking about their own or their loved one’s potential incapacity. Unfortunately, many of us will likely find ourselves in need of a financial agent, or someone to step into our shoes and act on our behalf for all financial matters. Who knows when the day will come that I am struck by another motorist and end up in the Shepherd Center, alive but unable to handle my own affairs. One day I may be one of the over 5.7 million Americans who are living with dementia. At some point in the disease progression, it is necessary for someone else to handle my finances. This is a real possibility.
When thinking about planning for a potential incapacity, the Power of Attorney for Finances always comes up. Here are the last two of five things to know about the Power of Attorney in Georgia:
3. Banks may request their own POA forms.
Banks are still refusing to accept the new POA document. The Uniform Power of Attorney Act gave us more authority to compel banks to accept POAs, and it has worked, some. Banks, however, are leery of fraud and take every measure possible to protect themselves and their account holders. Unfortunately, this protection has been a barrier for many families caring for an incapacitated loved one. We still recommend that, when possible, you preemptively contact each of your financial institutions and complete their Power of Attorney form in addition to having a General Durable Power of Attorney form. This may be overdoing it, but this proactive step can save your loved ones.
4. The Social Security Administration and the Veterans Administration do not recognize POAs.
Many families are surprised and frustrated to learn that their POAs mean nothing to the Social Security Administration or the Veterans Administration. SSA requires that any potential agents apply to become a Representative Payee. You can learn more about the “rep payee” program here https://www.ssa.gov/payee/. The VA likewise has its own process for selecting financial agents, and they also do not accept any POAs. In the VA system, if a veteran is incapable of managing his or her finances, the VA will call for the appointment of a fiduciary. https://benefits.va.gov/fiduciary/. The appointment of a VA-Approved Fiduciary often delays benefits as the VA investigates the potential fiduciaries.
5. The Consumer Financial Protection Bureau created a resource for financial agents.
Many financial agents find the role of financial caregiving to be overwhelming and confusing. The Consumer Financial Protection Bureau created easy-to-understand tools to help caregivers manage a loved one’s money: Managing Someone Else’s Money guides. They has created a Georgia-specific guide.
Planning for incapacity is an important part of estate planning. If you are ready to create a complete estate plan or need to review your existing plan, please contact us to arrange your consultation. We are available by phone and through our website.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Estate Planning, Family
Five Things to Know about the Power of Attorney in Georgia (Part 1)
No one likes thinking about their own or their loved one’s potential incapacity. Unfortunately, many of us will likely find ourselves in need of a financial agent, or someone to step into our shoes and act on our behalf for all financial matters. Who knows when the day will come that I am struck by another motorist and end up in the Shepherd Center, alive but unable to handle my own affairs. One day I may be one of the over 5.7 million Americans who are living with dementia. At some point in the disease progression, it is necessary for someone else to handle my finances. This is a real possibility.
When thinking about planning for a potential incapacity, the Power of Attorney for Finances always comes up. Here are the first three of five things to know about the Power of Attorney in Georgia:
1. The POA is still the best first step in planning for incapacity.
A Power of Attorney is a legal document that allows you to name someone to handle your finances — taxes, bills, bank accounts, real estate sales — if you become incapacitated. This legal document is still the best way to plan for incapacity. It is far from perfect, and it still leaves some gaps in planning, but it is the best first step in planning for incapacity. Without a Power of Attorney in place, there may be no simple way for someone to access your financial accounts or handle your affairs. Many clients who come to us for Conservatorship, have to retain our services simply because a Power of Attorney was never created.
When looking for a Power of Attorney, you want one who is a “General Durable Power of Attorney.” “General” means that the powers covered in the document are broad, not limited. “Durable” means that the document will still be good even if you lose capacity.
2. Georgia updated the Power of Attorney laws in 2017.
Powers of Attorney are not “set it and forget it” documents. In addition to your situation and needs changing, the law changes. This happened just recently. The Georgia legislature changed our Power of Attorney laws on both July 1, 2017 as well as July 1, 2018. We became the 26th state to adopt the Uniform Power of Attorney Act.
It is important that your documents be updated to be in compliance with these new laws. There are extended protections for Georgians, but you can only take advantage of these protections if your Power of Attorney was signed after the laws were adopted. Click here to learn more about the Uniform Power of Attorney Act.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Estate Planning, Family
Do I Need More Than an Advanced Directive?
Some may need more than an advance directive.
Advance directives can be misinterpreted, misplaced, or disregarded. The advance directive tells healthcare professionals generally what types of treatment you may want if you are in a coma or have a terminal diagnosis and cannot communicate, as well as, tells them who is allowed to make your healthcare decisions.
When you can’t speak for yourself, your healthcare team will review your advance directive and talk to your surrogate to make healthcare decisions. If you are found unresponsive, it does not tell emergency personnel how to respond and how to treat you.
Advance Directives are not medical orders.
An advance directive, however, may not fully meet the needs of all patients. For a patient who is worried about receiving inappropriate or unwanted care, a medical order may be needed. This is where a POLST comes in.
A POLST is a medical order for healthcare professionals.
POLST stands for Physician Order for Life Sustaining Treatment. It is a medical order that directs healthcare professionals on what to do—without having to consult your healthcare surrogate. It tells them what to do regarding CPR, hospitalization, intubation, mechanical ventilation, antibiotic treatment, and artificial nutrition/hydration.
Advance Directives and POLSTs work together.
The DNR orders and POLSTs do not replace advance directives. The documents work together. Everyone should have an advance directive, and only some people should consider a DNR order and/or POLST. You may want to have a DNR order and/or POLST if you:
- have specific wishes about your end-of-life care;
- are ready for a natural death;
- have a terminal or critical illness; or
- are at significant risk for cardiac or respiratory arrest.
Healthcare professionals must respond quickly if/when they find you unresponsive. They will not have time to review your advance directive, and in the absence of clear orders to direct them otherwise, they must provide you with all possible life-saving measures to keep you alive. If you have a POLST, your healthcare providers should follow what your order says.
Since DNR orders and POLSTs are medical orders, they must be completed and signed by a physician. If you are interested in learning more about these medical orders, please contact your physician.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Estate Planning, Family
Why a Georgia Real Estate Attorney Must be at a Real Estate Closing (Part 2)
A GA Real Estate Attorneys Role at the Closing
The attorney who handles the real estate closing represents the lender and not the buyer or the seller.
While buyers and sellers often consult with a real estate attorney of their own, to do title searches, check documents (including the closing documents) or get advice, usually the closing attorney handles the closing alone, without input from other legal professionals, or any other attorneys being present. But there is nothing to stop the buyer and/or seller having their own attorney with them at the closing.
The federal law that covers the closing is the Real Estate Settlement Procedures Act (RESPA), and this legislation applies in addition to the local Georgia real estate license law that the Georgia Real Estate Commission administrates. Chapter 47 of the local state law specifies the process involved for first mortgage loans. The real estate closing attorneys role is also specified in this chapter.
Amongst other things, it is the Georgia real estate closing attorney’s responsibility to:
- Ensure all documents are completed correctly
- Ensure deeds, affidavits, and all other documents are delivered to the right people
- Prepare the settlement or closing statement
- Disburse money in terms of the closing statement
Georgia law also requires the closing attorney to prepare a detailed statement that shows all disbursements and receipts from the buyer and the seller; and this must be given to both parties, and possibly the broker if there is one involved.
So even though the closing attorney represents the lender, he or she has a responsibility to complete the closing efficiently and accurately in the interests of all parties involved.
Normally the closing attorney explains the contents of the documentation to the buyer and seller at the closing, before everything is signed and sealed. So if you are buying or selling property, or are in the business of lending money for mortgage loans, we are here to help you.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Real Estate
Why a Georgia Real Estate Attorney Must be at a Real Estate Closing (Part 1)
Buying property can be exciting, but it can also be daunting. There are specific processes that must be followed, as well as forms that must be filled in and documents that must be completed exactly the right way. At the end, the real estate closing will result in the property being transferred to the purchaser.
Most people need to borrow money to buy a home, and this can be a formidable prospect in itself. Again, there are processes and documents involved, as well as negotiations and agreements to be concluded.
While the process of buying property is basically the same in all US states, local law does have an impact. For instance in Georgia the closing must be conducted by a licensed Georgia attorney, who is effectively a real estate specialist. Furthermore this attorney must be physically present at the closing, and according to a Georgia Supreme Court order, “in control of the closing process from beginning to end”. This was as a result of an attorney having participated in a real estate closing telephonically, which the Court found “ethically improper”.
In some other states, only attorneys can give legal advice relating to the closing. Real estate attorneys must also draft all the legal documentation. But a “non-attorney” may handle the closing.
While we don’t regularly handle real estate closings outside of the Metro Atlanta area, we can refer you to other attorneys in the State of Georgia who may be able to assist.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Real Estate
Beware of House Flipping Schemes in Georgia
We have seen a rise in the “house flipping” trend over the last several years. House flipping is the process of buying a home, renovating the home, and then selling it for a substantial profit within the course of a very short time. Often, an investor is able to make money from flipping a house by fixing less costly cosmetic issues – such as carpeting, painting, and appliances – and then selling the house at a significantly higher price.
If you are an investor interested in house flipping, you should contact a knowledgeable attorney who can help with all aspects of your real estate transaction. Recently, several house flipping schemes aimed at potential real estate investors have come to light, exposing housing management investment companies and banks working together to defraud potential investors.
In one scheme, a Georgia Bank came under fire after the revelation that one of its co-founders and a chief executive was heavily involved in making fraudulent loans. Through the Bank, chief executive made short-term loans to inner-city investors interested in flipping house in low-income neighborhoods. Because the investors often did not have easy access to loans from traditional banks, the company charged hefty fees and exorbitant interest rates.
Another scheme in involved a European man who enticed flippers – for a substantial fee – with cheap properties and access to expert renovators. He then sent his investors to the Georgia Bank to obtain loans to buy his properties. Allegedly, kickbacks were paid to the loan officers at Georgia Bank who approved the funding. The European man is now in federal custody on charges of fraud. The European Man and the unnamed loan officer made money, but many of the properties were never renovated and the investors lost their money.
These flipping schemes have created additional problems in some of Atlanta’s most needy neighborhoods – with newly flipped homes sitting vacant and attracting criminals and squatters. Although many flipping schemes have come to light over the past decade, The Wall St. Journal reports that home flipping is making a comeback with investors buying up foreclosed properties. These flippers need “cold cash, lots of local-market knowledge and strong nerves.”
The best advice for real estate investors interested in getting involved in the flipping market is to do your homework, be wary of schemes, and be willing to take some risks. We can help you determine if the property you are interested in is suitable for flipping. However, if you believe, you have been a victim of house flipping fraud; please contact us immediately to discuss your case.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Real Estate
Civil Liability for Theft in Georgia
Any owner of stolen personal property may bring a civil action for damages against the person that stole the property. Civil liability does not include imprisonment, but can result in the non prevailing party having to pay the prevailing party. Monetary damages in such a case may include:
- compensatory damages, including the value of the property and any other loss sustained as a result of the theft
- liquidated exemplary damages in the amount of $150 or twice the value of the loss, if the value of the total claim is less than $5,000, and
- costs of initiating and maintaining the action
The civil action may proceed if the following conditions are met:
- the property owner provided a demand for payment of his or her losses to the offender at least 30 days prior to filing the civil action
- the offender did not pay the amount demanded by the property owner, or otherwise enter into a payment agreement, within 30 days of receiving the demand for payment, and
- the property owner did not file the civil action until at least 30 days following the date of service of the written demand for payment on the offender, or after the offender failed to make payment as agreed.
If you or a loved one want to pursue monetary damages or be defended against a lawsuit for monetary damages, contact us without delay!
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Breach of Contract, Civil
Have You Been Charged with Shoplifting in Georgia?
A shoplifting offense will result in a misdemeanor conviction in the state of Georgia where the value of the shoplifted property is $300 or less.
However, a shoplifting offense will constitute a felony under Georgia law if:
-
the value of the shoplifted property is more than $300, or
-
the property is stolen from three separate stores in the same county within a seven-day period, and the property that is the subject of each theft is worth at least $100.
For an offender’s second shoplifting offense, the court will impose a fine of at least $250, either in addition to or instead of a sentence of imprisonment.
Upon a third shoplifting offense in Georgia, an offender will receive a sentence of imprisonment of 30 days, or an alternative sentence of confinement, such as home detention, for a period of 120 days, and may be ordered to receive psychological evaluation or treatment at the offender’s expense.
Upon a fourth or subsequent shoplifting offense, the offender shall receive a sentence of imprisonment of at least one year, which is not eligible to suspended, and a maximum of ten years.
If you or a loved one are facing a shoplifting charge, contact us to begin mounting an aggressive defense.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Criminal, Criminal Defense, Felony, Shoplifting, Theft
Theft as Misdemeanor or Felony in Georgia
When a theft offense involves property valued at $500 or less, the crime is punishable as a misdemeanor in Georgia. Punishment for a misdemeanor includes a fine of no more than $1,000 and a sentence of imprisonment of no more than 12 months. If an offender receives a sentence of six months or less, it is within the authority and discretion of the sentencing judge to allow the sentence to be served via weekend confinement or during the offender’s nonworking hours.
If the theft offense involves property valued at more than $500, the crime is punishable as a felony, or as a misdemeanor, at the judge’s discretion. If theft is charged as a felony, the theft charge carries a sentence of imprisonment of not less than one year and not more than ten years. The other circumstances under which a theft is punishable as a felony in Georgia include:
- theft of anhydrous ammonia (one to ten years of imprisonment)
- theft involving the breach of a fiduciary relationship (one to 15 years of imprisonment, and/or a fine)
- theft of government or bank property, by an employee (one to 15 years of imprisonment, and/or a fine)
- theft involving a gravesite or cemetery decoration (one to three years of imprisonment)
- theft of a motor vehicle or vehicle part worth more than $100 (one to 10 years of imprisonment)
- theft committed while telemarketing, using a computer or computer network, or engaging in home repair or improvement (one to 10 years of imprisonment),
- theft of a destructive device, explosive, or firearm (one to 10 years of imprisonment).
If you or a loved one are facing felony theft charges in Georgia, contact us.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Criminal, Criminal Defense, Felony, Theft
Georgia Petty Theft and Other Theft Laws
Theft Defined Under Georgia Law
Theft can occur in a variety of ways under Georgia law. The most common type of theft involves theft by taking, which Georgia statute defines as occurring when a person “unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated.”
Georgia law also provides for several other types of theft, including:
- theft by deception ( § 16-8-3.)
- theft by conversion ( § 16-8-4.)
- theft of services ( § 16-8-5.)
- theft of lost or mislaid property ( § 16-8-7.)
- theft by receiving property stolen in another state ( § 16-8-8.)
- theft by bringing stolen property into the state ( § 16-8-9.)
- theft by shoplifting ( § 16-8-14.), and
- theft by extortion ( § 16-8-16.).
If you or a loved one are facing theft charges, contact us to begin mounting an aggressive defense.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Criminal, Criminal Defense, Theft