Legal Question in Elder Law in Ohio

Getting POA

Process to find a parent incompetent and get power of attorney. Going through a divorce 80 years old, man. Not good health, gets so confused. I know I have to petition the court. But how? He has a shrink, do I need just his recommendation ? Want to be able to go to court and deal with his wife for him.

Asked on 6/08/09, 7:28 pm

3 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Getting POA

You need to file an application for guardianship with the probate court. You will need to file an expert evaluation with the application.

Read more
Answered on 6/08/09, 9:33 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Getting POA

If your father is not competent to handle his affairs, a power of attorney is probably not possible. You would need to apply for guardianship of the person and estate, supported by an expert evaluation.

Read more
Answered on 6/08/09, 10:53 pm
Anthony Rifici Rifici Law Office

Re: Getting POA

I am sorry to hear of your father's difficulties. I agree with Attorney Schmitz and Attorney Patete, it sounds as if your father may not have the capacity to sign a power of attorney. He may be incompetent, although that determination must be made by the Probate Court.

If your father is not willing to be examined by a physician for the expert evaluation, it is possible to file an application for Guardianship and request by motion that the Court order an evaluation by a physician.

If your father is in the process of a divorce, and you are then appointed as his guardian, you could intervene in the divorce action and protect his interests.

You need to discuss the situation in detail with an experienced elder law attorney. I am located at the western edge of Cuyahoga County, in Westlake, Ohio, and would be happy to assist you further. You can reach my office at 440.899.7710 if you wish.

Read more
Answered on 6/09/09, 11:30 am

Related Questions & Answers

More Elder Law questions and answers in Ohio