Legal Question in Wills and Trusts in Ohio

My mother recently had a massive stroke and has brain damage and cannot communicate. Can I get power of attorney to make decisions for her?

Asked on 10/26/12, 12:32 pm

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

No, because she needs to be aware to be able to sign a POA. You might consider seeking a guardianship if she is no longer competent. Before doing that, I suggest you speak to an attorney.

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Answered on 10/29/12, 9:04 am
Christine Socrates Meyers, Roman, Friedberg & Lewis

I am very sorry to hear about your mother. Unfortunately, your she does not have the requisite capacity to sign a power of attorney at this point. The only option you would have to be able to make decisions for her is to file for a guardianship at the county probate court and get appointed guardian. It will now have to be a court supervised process.

Christine Socrates

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Answered on 10/30/12, 9:23 am

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