Legal Question in Elder Law in Ohio

I am sorry to learn that your father is having these troubles. Certainly, dealing with the issues surrounding a loved one suffering from dementia is very difficult. I speak not only from professional experience, but unfortunately from personal experience as well.

From your description, it sounds as if your father has named you as his agent on his Health Care Power of Attorney. If this is the case, you should be able to make broad ranging decisions regarding his health care matters, in the event his treating physician decides he is unable to make those decisions for himself.

In order to act in a similar manner with respect to his financial matters such as savings and investment accounts, your father would need to establish a general durable power of attorney with you named as the agent. In Ohio, common practice is for this to be a separate legal document from the Health Care Power of Attorney.

Your father would need to demonstrate a certain level of capacity in order to validly create such a power of attorney, and if he cannot, then the only other alternatives for assisting with his affairs would be to establish a Court ordered Guardianship or Conservatorship for him.

I would highly recommend that you and/or your father meet with an experienced elderlaw attorney. The attorney will be able to determine if your father can establish the power of attorney, or whether other avenues need to be taken. There are very likely other issues which need to be addressed, such as long term care planning, asset preservation possibilities, Medicaid eligibility, or other estate planning strategies. This is not a complete list of possible issues, so you should have your situation reviewed in detail by a lawyer.

In the event I can be of any assistance to you or your father, my office is located in Westlake, near Crocker Park, and the phone number is 440.899.7710. Best of luck to you and your father.