Legal Question in Elder Law in Ohio

guuardianship vs dpoa

I am trying to apply for guardianship

over a man whom I have been his

caregiver for over 3 years. He has

no family. He does have demantia.

He already has amedial durable

power of attorney, but she is abusing

her power. If I were able to prove

this in court would I then be able to

have her removed if I was granted

guardianship? I know I could no

longer be his caregiver. He has short

term memory loss but is able to

make some health care decisions.


Asked on 9/01/07, 8:58 pm

2 Answers from Attorneys
Edward DiCato Edward DiCato Attorney at Law

Re: guuardianship vs dpoa

If you feel he is being abused you should call adult protective services in your county.

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Answered on 9/01/07, 11:30 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: guuardianship vs dpoa

I believe that if you were appointed guardian, you would be able to revoke the power of attorney, if it is in his best interest, because you would be standing in his place for financial decision making.

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Answered on 9/03/07, 6:03 pm


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