Massillon, OH asked in Estate Planning, Family Law and Elder Law for Ohio

Q: How can I get power of attorney from an uncooperative parent?

He is showing signs of dementia. He has no money other than social security. My brother and I are trying to get power of attorney to handle his business but he is becoming suspicious of our motives. We need to get him help but he is refusing. We have no money to help him

2 Lawyer Answers

A: Talk to social security about becoming the representative payee. If SS is the only income, then you may not need the POA or guardianship to pay the bills as rep payee. If this doesn't work, then you may need a guardianship.

A: No. A power of attorney must be entered into voluntarily. If you believe he can't manage his life and are willing to help then you can seek guardianship.

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