Legal Question in Wills and Trusts in Ohio

My soon-to-be 50 year old wife was diagnosed with Early Onset Alzheimer's almost a year ago. Her symptoms are progressing faster than I anticipated and I'm looking into ways to care for her, take care of her/our affairs and be able to pay for her medical treatment. She cannot work and our annual income has dropped from $125K to $50K. We don't have many assets nor do we have any savings, so this isn't about "getting everything". (We're currently losing our home.) I just want to be sure I can take care of all the medical & legal issues as they arise. Should I have her declared mentally incompetent? Just apply for guardianship & POA? I'm lost....


Asked on 9/30/10, 12:35 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Since you are not married, your access to her care and records are limited unless certain documents are prepared. Your fiancee can prepare a financial power of attorney naming you as the attorney-in-fact. She can also appoint you the decision-maker in her living will and power-of-attorney for health care. If she becomes your ward under a guardianship of the person and the estate, there are filing and reporting requirements. I suggest that the two of you consult with an attorney for this serious development in your lives. Best of luck.

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Answered on 10/05/10, 3:09 pm


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