Legal Question in Wills and Trusts in Ohio
executorship
If there is an 80-yr.-old man who recently had a stroke and is not functioning well, mentally -- meaning, he can talk some, but can not carry on a conversation, nor is it evident that he definitely remembers his own children -- who is in charge to make decisions for him? Who decides what to be done medically, financially, and where to have him living, who gets his house, who gets his car, who pays his bills? If he has a will, does the one appointed as executor have any legal rights before his death? And if he has a living will, would it give some named family member the right to make such decisions while he is still living, and maybe capable of making these decisions on his own if he should fully recover? Is there a time frame when it comes to stroke recovery and such questions?
Thank you!!
1 Answer from Attorneys
Re: executorship
You should first determine if he signed a financial power of attorney. This document designates someone to make financial decisions for him if he is not able to do so.
For health care decisions you need to see if he signed a health care power of attorney. A living will is only his designation that if he is on life support and is in a terminal condition he does not want life support to continue.
If he does not have a financial or health care power of attorney then someone will need to apply to the probate court to be appointed guardian. The guardianship can be terminated if he later regains the ability to make financial and health care decisions for himself.
The person appointed as executor does not have any legal rights prior to death.
This is general information and is not legal advise nor does it create an attorney client relationship. You should consult with an attorney for information particular to your situation.
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