Legal Question in Wills and Trusts in Ohio

Re: Guradianship of the elderly

The spouse is the preferred person to take care of someone who is mentally incompetent. Unless there is some unusual situation (a cruel or moronic spouse) the proper role of the children is to support the spouse. When an elder becomes incompetent it is time for all members of the family to grow up fast, even though this almost always means you have to get along with people you have been fighting with. Your father's spouse will have total control over your father's assets. Yes, she has the duty to take care of his month to month financial affairs. If your state is like California, she will have to file a yearly financial report to the court which will give you some idea of what is going on with the money. If your father has made out a living trust your father's wife must give you a copy when your father is deemed to be incompetent. Your father's wife must get conservatorship (guardianship) if your father has lost capacity to appoint an attorney in fact by signing a power of attorney. At this point the wife has no choice but to get a guardianship. She can do anything she wants to with his money as long as he is not endangered by her decisions. As to your rights to your inheritance, you have none. That's why your best bet is to get along with your father's wife, give her all of your support, and hope she does not blow your inheritance before your father dies. And yes, as a pratical matter, it is conceivable that she could use all the money for herself and abandon him to become a ward of the state but that would be very unusual. This would be financial abuse of the elderly but because she is the wife she would probably get away with it. Your best bet is to give her all of your support so she doesn't do anything crazy.