Legal Question in Wills and Trusts in Ohio

I was appointed my fathers poa 8 yrs ago. Just recently my sibling, and mom went to an attorney and appointed a new poa. I had durable power of attorney, and my dad is medically incompetent, to have had any idea what he was signing. not only was he taken advantage of for someone else's gains, but his wishes have been changed.

Please help? what should i do next.


Asked on 10/18/09, 3:52 am

2 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

If your father was not competent to sign the power of attorney then you should take action to contest the new power of attorney. As the holder of the previousl power of attorney you should have the right to do so.

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Answered on 10/18/09, 3:14 pm
Harold Hom Harold L. Hom Co., LPA

I suggest that you apply for guardianship, which trumps all powers of attorney. It would be quite difficult to contest a power of attorney unless you have your father declared incompetent.

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Answered on 10/19/09, 1:33 pm


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