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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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I have a 25 year old son who is an alcoholic and drug ...

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I have a 25 year old son who is an alcoholic and drug abuser that cannot hold a job and has been in and out of hospitals and tried to kill himself twice and when drunk he threatens to do it again. How complicated is it to declare him incompent and get legal power of attorney? I am trying to get social security for him and I am afraid that he will just spend it on drugs and drinking if he gets the check.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Sorry to hear what you are going through with your son.

What you are looking to do is seek guardianship of your son. To become a guardian you would need to demonstrate that your son is not mentally capable of making the right decisions for himself and if left on his own, there is a risk of harm to himself or others. In general medical documentation is required to demonstrate the mental incapacity of the person. Based on the information you have presented here, it is clear that your son needs someone else to make decisions for his best interests.

Being the guardian of another is intense work as you are required to follow do repeated follow-ups with the court, provide an accounting of what you have done on behalf of your son or his finances.

You can read more about the types of guardianship and court process for Ohio here.

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