Legal Question in Wills and Trusts in Ohio

power of attorneyIs it legal to change a power of attorney

Can a lawyer change a power of attorney if the person wanting the change is incompetent. If no, what law if any has the lawyer violated.


Asked on 10/13/02, 8:00 pm

2 Answers from Attorneys

Gregg Manes Gregg A. Manes, Esq.

Re: power of attorneyIs it legal to change a power of attorney

In order to sign a power of attorney, one must know what they are signing. If the document is signed and the party does not know what they are signing, then the party who notarized the document would be in trouble. The attorney would be in trouble and can be reported to the Bar assn. for a complaint which could result in the attorney's license being suspended or worse.

Good Luck!

Gregg A. Manes

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Answered on 10/27/02, 1:02 pm
David Slater David P. Slater, Esq.

Re: power of attorneyIs it legal to change a power of attorney

While my office is in South Florida I am sure Ohio law would not approve a power of attorney signed by someone who was mentally incompetent. The issue is what proof is necessary to prove it in a court of law in Ohio. If you want to complain about the attorney you would also have to prove he knew the party was mentally incompetent. Good luck.

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Answered on 10/14/02, 7:01 am


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