Legal Question in Family Law in Ohio

Ohio attorneys keeping originals/copies

Mom had durable power of attorney and Will made with attorney at age 77 or so.

Now Mom is in rehab for broken leg. I need this to pay her bills.

I did find copy of her will and receipt from said attorney and dated when she paid for such along with durable power of attorney.

I contacted attorney. He told me off the record I was deemed as durable power of attorney.

He seems to only have a copy of Will but, not of power of attorney. He will do all again for another 100 bucks. He tells me he gave her original, and I need to find this. Which I cannot.

Why would one give such important papers to one of 77 years of age in the first place?

Don't most attorneys representing elderly consult them on keeping a record for them and advising them to give a copy to those involved?


Asked on 10/27/07, 4:56 am

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Ohio attorneys keeping originals/copies

If she was competent at the time of the signing of these documents, the attorney was obligated to give them to her unless she asked him to safe keep them. You have to assume she was mentally competent. Also, in working with the elderly, 77 years is not that old.

Read more
Answered on 10/27/07, 7:54 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Ohio