Legal Question in Family Law in Ohio

My friend is in a comatose state after sever head trauma from a MCC. His wife, whom recently came back from Texas after along separation, still has POA. She will not take him off the vent. The neurologist has given him 0% chance as well as the other miriad of physicians who have been consulted. My question is...can his daughter or family ask for or take over POA since they were not living together, had actually filed for divorce?


Asked on 9/03/11, 7:28 am

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, much depends upon the wording of the POA. If it is not a "durable" POA, then it does not survive your friend's incapacity. However, most health care POAs are durable. What you would need to do is go to the local probate court and have petition to have a Guardian appointed for him. This Guardian could then revoke the POA and proceed in your friend's best interests.

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Answered on 9/04/11, 6:24 am


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