Solon, OH asked in Elder Law for Ohio

Q: My 89 year old mother is in rehab after she was in Parma UH Geriatric Psyc Ward. Diagnosed with Dementia w/Psychosis.

What are my next steps I do not have financial POA. I have Medical POA

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2 Lawyer Answers
Moshe Toron Esq
Moshe Toron Esq
Answered
  • Elder Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: You will need to hire an attorney and apply for guardianship over your mother's financial affairs in probate court.

You can make medical decisions for her now, since you are the Healthcare POA.

However, without either a guardianship or a financial POA, you won't be able to handle her financial affairs.

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq.
PREMIUM
Answered
  • Elder Law Lawyer
  • New Albany, OH
  • Licensed in Ohio

A: Unfortunately, with a diagnosis of dementia, your Mother, in all likelihood, will not be deemed competent to sign a Financial Power of Attorney. The only other way to handle her finances will be through a Guardianship in Probate Court. The Medical POA will allow you to talk to her doctor. I would suggest that you ask the doctor if he believes her to be competent to sign a Financial POA.

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