Legal Question in Elder Law in Ohio

Removing/Contesting Power of Attorney Designation

Have an aunt recently admitted to a nursing home in Ohio. Her daughter-in-law is the POA and we're concerned about that because she doesn't really seem up to or interested in performing the responsibilities that go with it. We don't believe she is ill-intentioned but have not been at all satisfied with the way she goes about things--or doesn't go about things.

What is involved in contesting a POA designation? What is the criteria?

Thank you.


Asked on 9/10/01, 4:31 pm

1 Answer from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: Removing/Contesting Power of Attorney Designation

The question you are asking is pretty complicated, and you have not provided enough information for me to give you a well reasoned answer. First, what type of POA are we talking about? A healthcare poa or a financial poa? Second, is the poa a durable poa? Third, is your aunt of sound mind, that is, is she competent? More importantly, was she competent when she granted the poa. Finally, was the daughter-in-law in a position to influence your aunt's decisions prior to the poa being granted?

It may be possible to attack the poa, but without more specific information I cannot give you an answer. You should contact an attorney.

David Weilbacher

1525 Leader Building

Cleveland, Ohio 44114

216.241.2500 Phone

216.241.2294 Direct Line

216.241.2286 Fax

[email protected]

Read more
Answered on 10/26/01, 12:42 pm


Related Questions & Answers

More Elder Law questions and answers in Ohio