Kokomo, IN asked in Probate and Estate Planning for Ohio

Q: My father gave POA to his girlfriend, instead of his kids. I have evidence of his schizoid delusions, making it invalid.

My brother is not included in his previous will, and I want to protect his rightful inheritance.

Does giving proof of mental incompetency at the time the latest will and power of attorney paper were filed (Aug. 22nd, 2022) nullify both and immediately revert to the previous will?

She is extremely manipulative and has said she replaced me (his daughter) and my brother, and is now his "child"--being 40 years younger than him.

If having her POA be found invalid meant reverting to the previous will--not a desirable situation, as most of his estate would go to his late girlfriend's children who no longer want anything to do with us--would filing a restraining order against her nullify her rights as power of attorney?

Thank you.

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If the probate court were to appoint a family member as his guardian, that would terminate her POA. The probate court could also determine if he was competent when he made a new will or whether there was coercion, undue influence, or other improper pressure to change the will. Use the Find a Lawyer tab to consult a local probate and estate attorney who handles guardianships and will challenges, to review all the facts and circumstances and advise you of the options.

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