Legal Question in Wills and Trusts in Ohio
power of attorney for mother with dementia
My mother has advanced dementia and my father is her power of attorney. Recently, my father's health has been poor and I'm concerned about how my mother's affairs will be handled if he dies before her. Is it possible to designate one of the children as my mother's power of attorney in the event of my father's death and if so, would we be able to put our mother in a nursing home facility without having to turn over my father's entire estate to the facility?
2 Answers from Attorneys
Re: power of attorney for mother with dementia
First only your mother can designate an agent for the power of attorney. There are limitations on what will be utilized of yor fathers estate for the benefit of your mother. He will always be entitled to live in the family home and be able to live in the manner that is necessary for him. Transfers out of a persons name for the purpose of qualification for medicaid must be done more than 30 months before in order not to be pulled back for support.
Re: power of attorney for mother with dementia
It sounds as though your mother does not have the capacity to enter into another power of attorney. Should your father pass away, then you may need to set up a guardianship for your Mom.
Good luck and I hope all stays well.
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