Legal Question in Wills and Trusts in Ohio

I have a friend who is in a coma and his daughter needs to get power of attorny. How do we go about doing that if most forms need his signature?


Asked on 2/15/10, 5:51 am

2 Answers from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

YOu cannot get a power of attorney now. The daughter will need to apply to the probate court for gurdianship.

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Answered on 2/20/10, 6:20 am
Anthony Rifici Rifici Law Office

Unfortunately, I completely agree with Attorney Schmitz. A commatose person cannot possess the required level of capacity and understanding in order to contract or establish legal documents, such as powers of attorney. Unless this gentlemen has a significant improvement in his cognition, a guardianship will be the only option.

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Answered on 2/20/10, 6:48 am


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