Legal Question in Wills and Trusts in Ohio

Re: Guardianship vs POA

A power of attorney is a document signed by by an individual granting her agent the authority to handle the persons financial or health matters. It does not require court filings or authorization and is usually the better way to proceed.

A guardian is appointed by the court after a hearing determine that an individual is unable to handle her financial or health care decisions. Depending on the type of guardianship the guardian would have authority over that persons financial and health matters.

If your mother has a valid POA in place then there should not be a need for a guardianship. Ususally as part of the application process the court will ask if there is a power of attorney in place and will give weight to the choice made by your mother in the power of attorney. A guardianship will require court approval before any actions are done and annual court accounts. The guardianship will probably revoke your power of attorney.

Before a guardian is appointed there will be a hearing and I would make sure that you are present at the hearing to express your mother's wishes that you handle her affairs and express your concerns about your brother.

I would advise you to speak to an attorney as soon as possible.