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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2236
Experience:  Experience in estate planning including wills, trusts and succession planning.
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I just found out that my mother's health care power of attorney

Customer Question

I just found out that my mother's health care power of attorney is NO longer in effect because my sister got a new HC POA. My mom is in the hospital now & the nurses were instructed not to discuss her condition with me. My sister & brother-in-law are using her month income to buy new items for their home. My mom is aware of this, but she feels stuck now. Is there any recourse for this case? I used to take care of her finances but my sister is now taking care of this. Help!
Submitted: 1 year ago.
Category: Estate Law
Expert:  J. Warren replied 1 year ago.
Hello my name is ***** ***** I look forward to providing you information. Please note:
(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and
(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am very sorry to hear about your situation. An option in this situation is to petition the court to be appointed guardian and conservator over your mother. This appointment is superior to a power of attorney. However, this does require formal pleadings and proceedings in probate court to obtain an order. Because of the combative nature and technical aspects of these types of cases a local lawyer should be retained. The Ohio Bar Association has a listing of County Bar Lawyer Referral Service which can assist you with contacting a lawyer in your area: www.ohiobar.org/forpublic/aboutlawyers/Pages/StaticPage-72.aspx
Some County Probate Courts have forms available if one decides to proceed on their own. The information regarding forms availability can be obtained by contacting the County Court Clerk or accessing online at the particular County website.
In addition to petitioning to become guardian, you may report abuse and exploitation to adult protective services may be contacted and a complaint filed. Here is the link to the Ohio Legal Services Adult Protection Services: http://www.ohiolegalservices.org/public/legal_problem/domestic-violence/copy_of_adult-protective-services/qandact_view
All my best & encouragement.
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All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.