Asked in Probate and Estate Planning for Ohio

Q: Bio dad and stepmother live in Ohio. I, bio daughter, live in Canada.

My brother is the executor and my stepmother is POA. My father has dementia and my stepmother is unwell physically. My stepmother is refusing to give me end of life decisions or preplanned funeral information on my father. She states it is none of my business or it has nothing to do with me. Do I have rights? I don’t care about the money or will. I do care what my father chooses to do and where he will be laid to rest. My younger brother, his parents and his sister are buried together in Canada. He has no family in Ohio other than my stepmother and stepbrother. I want to know if I have a right to get him home? Do I have any legal actions I can take?

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1 Lawyer Answer
Andrew Popp
Andrew Popp
  • Estate Planning Lawyer
  • Ravenna, OH
  • Licensed in Ohio

A: These are all good questions. In short, you only have the "rights" your father chooses to give you. Has your father been adjudicated mentally incompetent, or does he still have the ability to manage things for himself. In Ohio, there is something known as a Declaration of Disposition of Remains (O.R.C. 2108.72). If he is legally competent, he can give you the right to make decisions regarding funeral and burial if he wishes, and he can detail what his wished actually are.

Best of luck.

Aaron Epling agrees with this answer

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