Have Legal Questions? Ask a Lawyer Now.
Hi, Gail, My name is XXXXX XXXXX will be glad to assist you with your question today,
If the Durable Power of Attorney was executed according to the laws of New Jersey, then it will be valid in Ohio also because of the "Full Faith and Credit" clause of the United States Constitution which states that each State shall acknowledge and recognize the laws of sister States.
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
Thank you Andrea,but I do not understand the 'Full Faith and Credit' clause.
When I went to Ohio to 'save' my mother' and get guardianship,which I believe over rides Durable Power of Attorney(correct me if I am wrong) I was told there was no problem getting it for her protection and situation,but as soon as she crossed out of an Ohio border it would become null and void.
Your comments are most appreciated. Thank you. Gail Rosensweig
Andrea, I do not understand the 'Full Faith and Credit' clause. As when I went to Ohio to get Guardianship,which I believe overrides Durable Power of Attorney(correct me if I am wrong)Ohio could do that but said if she ever crossed an Ohio state border it would become null and void.
How does that make any sense with what you told me about the 'Full Faith and Credit' clause. Please fill me in.. Thanks Gail XXXXX
I tried twice to reply to my expert and both times was rerouted to the subscription page.. I do want to reply,but seems your site is not letting me.
Due to that I question the integrity of the site and it's providers.
I was also planning to get a subscription, but am now weary.
My attorney was Andrea. If by some miracle someone receives this please have her contact me at XXX@XXXXXX.XXX
Thank you. Gail Rosensweig.
I do not understand what you mean by "if she ever crosses the Ohio border it would become null and void" What would become null and void ?
Did you get Guardianship over your mother ?
Was she declared incompetent by the Court ?
No, I did not get Guardianship as I was told it would be null and void as soon as we left Ohio to take her home to NJ or with me in MA.She was not declared incompetant as we did not go to court,but she will do anything to get out of there,.She is not incompetant,but has an untreated depression which makes it hard for her to make decisions or stand up to my brother. Thanks.....Gail
Thank you for your additional information, Gail,
A person will not be appointed Guardian of another if they are not declared incompetent by the Court and unable to take care of their own affairs. That could be why the Court would not entertain any Petition for Guardianship.
In addition, since your mother is not incompetent, and she executed the Durable Power of Attorney while she was and is competent, it will not be set aside by the Ohio Court,
I am sorry you experienced a problem in getting back to this page. As a matter of fact, my response to you also disappeared and I had to retype it and resend it. I have no control over that and you might want to get in touch with Customer Service to give them your opinion on what happened. They can be reached at info@justanswer
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).