Legal Question in Elder Law in Ohio

My fathers wife recently passed away, she was his 1st and 3rd wife. they had a son togeather during there 1st marriage and while married to my mother he had myself and 2 other girls. My father is not in the best of health and our 1/2 brother has been living at his house while his mother was ill. Now that she has passed my father has asked him to leave. He believes his son is trying to put him in a home. I also feel that he may try to do this or take him out of his home and move him to his own home against my fathers wishes. My sisters and I have all stated that we would be willing to care for our father. I live close by and visit as often as I can. What I wish to know is can our 1/2 brother do anything like this when there are other living sibling willing to care for our parent. I relize his Mother was married to him last but he is still our father.

Asked on 10/27/09, 2:55 pm

2 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

You should consult with an attorney who is experience with elder law.

You need to make sure that your father and his assets are protected either throught a trust or by a financial and health care power of attorney. You and your sister could be the agent's in the power of attorney which would give you some control over his situation.

Older person's do get taken advantage of all the time, particulary by other family members so I would make sure that your father has the right legal documents in place to protect him.

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Answered on 11/01/09, 4:44 pm

Christine Socrates Christine Sabio Socrates, Attorney at Law

Your half brother should not be able to do any of this against the wishes of your father unless he has a guardianship or power of attorney for him authorizing him to do this. You need to talk with your father to discuss his wishes and whether he would like to give one of you a power of attorney to handle his affairs and make healthcare decisions for him. He should also speak to an attorney who can help him get his estate in order and protect his assets so that he cannot be taken advantage of. An attorney who specializes in Elder Law or Estate Planning should be able to assist him. If you need assistance or further information, you can contact my office at .

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Answered on 11/02/09, 11:35 am

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