Legal Question in Elder Law in Ohio

Power of attoutney

what rights does my brother have after giving financial and health care power of attourney to his son.

can he live where he wants? does he have to stay in a nursing home or the appartment his son wants to put him in to?


Asked on 12/16/08, 6:10 pm

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Power of attoutney

If your brother is still able to make his own decisions he should be able to continue to do so. An Ohio health care power of attorney is only effective when a person is unable to make their own health care decisions.

A financial power of attorney can also be limited to only be effective when someone is incapacitated. Even if it is not if your brother is still able to make his own decisions he should be able to do so.

If your brother is capable he can also revoke the power of attorney.

This answer is intended as general inforamtion and is not legal advise nor does it create an attorney client relationship. You should consult with an attorney for information regarding your particular situation.

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Answered on 12/16/08, 6:18 pm


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