Legal Question in Elder Law in Ohio

My Aunt recently passed away. She was taking care of my Uncle who is her brother in a nursing home. Her estate is being taken care of by a family that is not related to her. When I questioned about who will not take care of my Uncle, I was told that the attorney's for my Aunt's estate said that they would continue to take care of him. I want to know if this can be changed, since they are not blood relatives. My Uncle resides in another state, but I do have a brother living there.

Asked on 10/24/11, 8:13 am

1 Answer from Attorneys

Simon Johnson Law Offices of Simon W. Johnson

You should contact an attorney in the county where your uncle resides to discuss guardianship proceedings. Your uncle would likely be deemed "incompetent." Keep in mind that that is a legal term of art and not a slight on your uncle. But before you file an application for appointment of guardian of incompetent, you should give serious thought to who would be able to serve as guardian.

Best regards,

Simon W. Johnson

(440) 477-6075

This response given is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.

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Answered on 10/24/11, 11:36 am

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