Legal Question in Wills and Trusts in Ohio

How to get power of attorney for dementia patient

My brother has a severe case of dementia, he is 54 years old. His wife is terminally ill with cancer and she is not rational. She has asked me to get my brother's retirement started but she won't give me any information. My brother is in a nursing home and she does not visit him anymore, neither one has any life insurance. My brother worked for Goodyear Tire and Rubber for over 25 years. I feel very sorry for their situation, however what happens when or if one of them dies? How can I get power of attorney so that I can get him his benefits?


Asked on 4/04/06, 12:58 pm

1 Answer from Attorneys
Harold Hom Harold L. Hom Co., LPA

Re: How to get power of attorney for dementia patient

Since your brother is already incompetent, he cannot sign a power of attorney. At this point, your only option is to seek guardianship over him through the local probate court. Both a power of attorney and a guardianship ends at his death. After his death, the probate court must appoint an executor (named in a Will) or an administrator to process his Estate.

Harold Hom

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Answered on 4/04/06, 1:08 pm


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