Legal Question in Wills and Trusts in Ohio

Power of Attorney

My MIL was given POA of her mother in a legal document years ago. Last year her mother became ill and decided to put her right as POA to use. Her Mother was living with her younger sister and by mother being ill we found signs of mistreatment in the hospital. Her mother suffers from Alzheimer's and was placed in a nursing home. When MIL recovered check book from sister she found misuse there. When MIL went to transfer mother to a facility that specializes in the care that is needed. Her sister and her son had mother sign a revoke of POA by coercion. By doing this mother was back in the younger sisters home with her spending the money as she fits. The POA was also back dated and the notaries that were brought in to witness both POA's (medical and durable) were co-workers of the younger sister. This was done late 12/07. Now 5/08 the POA has been registered for the grandson to sell the house that she resides in that is on her mother's property. Alot of shady stuff has happened in between and now MIL is going to be homeless due to greed of her sister and her own son.

Can a POA be back dated? Is there a time frame to when a POA is to be registered within a county? Can an Alzheimers patient sign legal documents? Thanks


Asked on 5/04/08, 7:35 pm

1 Answer from Attorneys
Robert Rosplock Rosplock & Perez

Re: Power of Attorney

Your mother in law should apply for guardianship NOW! A person who signs a legal document must have the capacity to do so. The doctor should be brought in to the guardianship proceedings if you strongly believe the person signing the POA was not capable of understanding what she was doing.

A POA cannot be back dated, and one using a POA cannot do anything to benefit the user personally.

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Answered on 5/05/08, 8:29 am


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