Legal Question in Wills and Trusts in Ohio
My husbands father has recently become incompetent to take care of his legal affairs due to a decline from alzheimers. His 2nd Wife, the stepmother has been hiding this fact from us and had him put nto a home and has filed for guardianship. ( His father filled out and signed POA , Healthcare POA ,living will last year at this time He lived with us for a few months when she filed for divorce,) They reconciled afterward once she found out he wasn't going to pay her bills anymore. At that time he was still considered competent. Who has the right to make his decisions? She has complete control of his finances right now while we iron out the problem. Does she have to keep account of all of all expenses under the laws of emergency guardianship even if we prove it unnecessary due to the forms we have in place since last year.
2 Answers from Attorneys
Who did your father in law appoint as his POA and HCPOA? If he has appointed your husband or yourself, this will govern over the guardianship. If she does get appointed guardianship, she will have to file all the necessary accountings with the court and get approval for his expenses. If it is overturned, then she will still have to provide accounting of expenses. If you would like further assistance, please contact my office at http://www.socrateslegal.com .
If you or your husband have valid powers of attorney those should be given more weight then the application for guardianship. The person named in the power of attorney should file with the court to make sure that the court is aware of those documents and oppose the application for guardianship filed by the second wife.
You should seek counsel as soon as possible.
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