Legal Question in Wills and Trusts in Ohio

power or attorney/executor

I have a durable limited power of attorney (finances only) for my mom. As her executor, do I need a full power of attorney prior to her death to handle disposal of property and assets, hospice placement, etc. before her death. She currently has a living will for medical decisions.


Asked on 1/14/07, 2:37 pm

1 Answer from Attorneys
Russell Golowin Golowin Legal, LLC

Re: power or attorney/executor

An executor under a will has no powers until death, so to have any power either a power of attorney or trust would be needed for financial decisions/actions.

A living will doesn't give someone else power to make medical decisions, so a health care power of attorney would be needed to take care of that issue.

Especially if there is an issue regarding qualification for Medicaid I would suggest consulting an attorney with experience with that specific issue. Feel free to email with any further questions.

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Answered on 1/14/07, 3:52 pm


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