Legal Question in Elder Law in Ohio

power of attorney

My parents are seniors and ill. My brothers name is on their checking account, and they do not have very many assets. Do we need a power of attorney and how do we get one if we do not have an attorney? We do have a durable power of attorney for health. Are there any other documents we may need if they are not able to make decisions?

Thank you


Asked on 11/05/00, 5:29 pm

2 Answers from Attorneys
Rick Sommer Law Offices of Rick J. Sommer

Re: power of attorney

Any power of attorney may only be granted by someone competent to do so. If your parents are competent, they may grant a general durable power of attorney to whomever they wish for whatever purposes they wish. Whether this is needed is the question. If your brother has access to the finances and is paying your parents' bills, and someone has been granted a health care power of attorney for medical decisions, you may not need more. However, a power of attorney (or a guardianship for those unable to grant a power of attorney) imposes fiduciary duties on the holder (they must act in the best interest of the grantor or the ward.) Feel free to call me if you have questions. 513-563-3003.

Disclaimer: this message is for general information only and is not legal advice. Nor does the message establish an attorney-client relationship. For legal advice specific to your needs, a signed agreement is necessary.

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Answered on 11/18/00, 1:38 pm
Gregg Manes Gregg A. Manes, Esq.

Re: power of attorney

It maay be helpful to have a power of attorney in order to transfer any other assets your parents may have or to transact business while they are unable to do so.

A power of attorney is relatively inexpensive and most attorney's can prepare one for you or you may call me at 330-762-1199.

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Answered on 12/05/00, 12:03 am


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