Apache Junction, AZ asked in Health Care Law for Ohio

Q: If one gets a medical POA, outside of a will. Different person then in the will. Does it supersede the will? In Ohio

Persons named in will have no interest in the person who named them over 10 years ago. He, the person, has said numerous times he doesn’t want them to have any control. Now he’s sick and we, his friends, who have been there for him are trying to help him and stop them from taking advantage of him. What can we do?

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1 Lawyer Answer
Anthony C. Satariano
Anthony C. Satariano
  • Estate Planning Lawyer
  • Xenia, OH
  • Licensed in Ohio

A: The person you are describing appears to have a few options based on the facts you have provided.

First, if the person executed a new healthcare POA now naming an individual, it would supersede prior documents naming a different person as the POA.

Second, the person can always create a new will naming whomever he wants to have an interest. That new will would effectively cancel out the old will if drafted correctly. This may be necessary based on the facts if he no longer wishes the people named prior to have any interest.

I suggest consulting with an attorney to cover the options available.

1 user found this answer helpful

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