Legal Question in Elder Law in Ohio

My brother was a POA of my mother since 2006 . She is 86 and has now Alzheimer and she supposed to get an outside guardian.A few years ago she changed the will and her property is in trust now, for that matter court couldn't find a guardian that would accept it , because they could not sell the property if she run out of money. So court appointed a guardian for POA and guardian said he will only check on him from now on about his spending. When he become a POA (2006) there were $700000 on her account, a year ago when first asked for a guardian, POA gave a court this number $150000 to be her assets, a year waiting to a guardian bring her account to $1.46. She does not have any bills and spends no money for herself. Is it possible to recover loss of money or her property would get sold before since they are also trying to get her will changed back to where it was before, giving them an opportunity to sell property and/or appoint her a guardian.

Asked on 10/03/09, 11:51 am

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

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Your answer raises lots of issue and I think you need to consult directly with an attorney who can review the documents and see what has happened.

A power of attorney can be sued for breach of fidcuiary duty if he is not acting properly.

Answered on 10/03/09, 1:44 pm

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