Legal Question in Elder Law in Ohio

Overide POA?

My father is in a nursing home and has been for some time--name removed--My mother has power of attorney, and despite obvious signs of neglect at the home, she refuses to move him because she doesn't want to loose the money she gets from social security on his behalf--name removed--What can I do, if anything, to over ride her on the poa?


Asked on 11/09/08, 4:23 pm

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Overide POA?

If you do not think your mother is acting in your father's best interest you can have her removed as power of attorney. However before you do this make sure you fully understand what will happen if she is removed. If there is no alternate named in the power of attorney you may need to apply to the court for a guardianship to handle your father's financial matters.

I would advise that you seek legal help as soon as possible and make sure that whatever course of action you take protects both your father and your mother.

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Answered on 11/10/08, 9:52 am


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