Legal Question in Civil Litigation in Ohio
power of attorney
My aunt has power of attorney over
my grandmother's estate (grandma
is still living, but in a nursing home).
Is there anything that can be done if
1) my aunt gets paid by my grandma
for ''taking care of things'' and does
not pay taxes and 2) my mother and
uncle (siblings) do not agree with
how she is handling my
grandmother's affairs. Prior to death,
my grandfather indicated to his
children that his will (and legal will)
was to split the three farms in Ohio
equally to my mom, aunt, and uncle.
Instead, my aunt had my grandma
sign a document in 2003 indicating
she has control over all the farms,
land, money, the right to pay herself
as she sees fit, and on. Can anything
can be done to make all three
children power of attorney or
something. My grandma is not
getting the care that our family sees
fit. My aunt is going on vacations
with her whole family to FL, Hawaii,
and Canada. All the while, when my
grandma asked for a new wheelchair,
my aunt told her she did not need
one. Additionally, my grandma
recently got ready to go to my
cousins wedding and waited 6 hours
for a driver to pick her up which
never came...my aunt supposedly
set that up as well. Help!
1 Answer from Attorneys
Re: power of attorney
Unfortunately the situation that you describe is not that uncommon. Your mother and uncle do have the right to question the actions of your aunt. It may be necessary to file an action in the Probate Court in order get the matter under control.
They need to talk to an attorney as soon as possible. I have handled a number of these types of cases over the past 30 plus years and can tell you that assets can disappear and your grandmother can recieve substandard care if things are left alone.
I will be happy to discuss this with you in more detail if you give me a call. No charge or obligation for the confidential call. I look forward to discussing this interesting matter with you.
Good Luck!
DH Davies