Legal Question in Wills and Trusts in Ohio
This would regard Ohio law. My mother passed away in June, 1999. My father re-married in Nov. 2000. While my mother was ill, in March of 1999, my father signed a notorized POA, with me being the POA. There is a trust set up by my mother and father, established in 1998. There has been 9 yrs of wondering what was happening to his money, but we didn't dare interfere for fear we would lose all contact with him. His 2nd wife just passed away a few days ago and we are now discovering he had made her beneficiary of his life insurance, and we have no idea what else he has done. We are now very cautiously going to try and sort through everything with him. He has no idea we still have that POA. (it was never documented through the courts, but is notorized). Our question is: Does this POA, allow me to void everything he has signed without my knowledge from the time it was signed? He is 87 yrs old and married to my mother for 59 yrs.
1 Answer from Attorneys
The answer to your question depends on what the terms of the power of attorney state. You will need to have an attorney reveiew the power of attorney to see what actions you can and cannot take. You also should be aware that banks and other financial instituions may be reluctant to honor a 10 year old power of attorney.
I would recommend the best course of action would be to work with him an estate planning attorney to look at his assets and assist him to make decisions consistent with his desires.
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