Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I just found out that my mother's health care power of attorney…

Customer Question
I just found out that...
I just found out that my mother's health care power of attorney is NO longer in effect because my sister got a new HC POA.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: 3 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 17 minutes by:
5/21/2015
Estate Lawyer: J. Warren, Attorney replied 3 years ago
J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2,250
Experience: Experience in estate planning including wills, trusts and succession planning.
Verified
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.
Kindly remember the only way experts receive any credit at all for spending time with customers is if you click on ok, good or excellent service even though you have made a deposit or are a subscription customer. You must complete the rating for the expert to receive any credit. If, for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.
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.
Ask Your Own Estate Law Question
Was this answer helpful?
Ask J. Warren Your Own Question
J. Warren
J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2,250
2,250 Satisfied Customers
Experience: Experience in estate planning including wills, trusts and succession planning.

J. Warren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
In regards to a list of assets-inventory for probate court,
In regards ***** ***** list of assets-inventory for probate court, my husband still owed $400,000. On his mortgage and I'm trying to figure out if this gets listed under mortgages/notes/cash because h… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
What is the difference between a POA and a Durable POA?
What is the difference between a POA and a Durable POA? Also, can you do the Durable POA and a Transfer on Death forms on your own or do they need to be done by an attorney? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
How does the probate courts save their records. in around
how long does the probate courts save their records. in around 1888, my g grandmother was commited to a mental hospital. Can I get those records? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I talked to probate court they had no info on his death can
I talked to probate court they had no info on his death can I still do that ??? She said she saw a family trust with the same last name tho but she couldn't tell me if it was my dad and it was in a di… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,815 satisfied customers
If put my fathers will in probate court, there are 4 girls
If put my fathers will in probate court, there are 4 girls altogether, we don't get along 2/2 i am executive, sold house, missed 1 court date not aware of and judge asended sell what are my options if… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Do I still need to go through probate court with a revocable
Do I still need to go through probate court with a revocable living trust agreement left by my Grandparents? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,210 satisfied customers
My mothers estate is in probate court, due for a final
hello pearl, my mothers estate is in probate court, due for a final motion to end, i believe my brother and sisters are trying to eliminate me from her assets. I have been homeless for about 2 years, … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am in complicated litigation in probate court. The center
I am in complicated litigation in probate court. The center of the controversy is my aunt who is voluntarily conserved. I am conservator of her person and I am battling the conservator of the estate o… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,815 satisfied customers
Probate Court. Would you have a form (template) I can use
Probate Court. Would you have a form (template) I can use where beneficiaries consent to their two sisters to serve as Independent Administrators without bond.… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,483 satisfied customers
What company can I purchase probate Court information. and
hi what company can I purchase probate Court information. and other court records that I can research. for a monthly fee.… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,483 satisfied customers
Do I have to file anything with the probate court if I am
Do I have to file anything with the probate court if I am the trustee of a trust in Michigan?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Second opinion] In Michigan Probate Court, Michigan probate,
For my mothers estate I received the form notifying me that my brother was requesting to be the personal representative. The file number box was blank. When I went to the probate office to challenge this -within the 14 days- the clerk told me there was no file opened under my mother's name so I thought the forms sent to me were premature. But 2weeks later I bet the papers signed by the judge assigning my brother as PR. Is that correct process under the law? … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
In Michigan Probate Court, Michigan probate, For my mothers
For my mothers estate I received the form notifying me that my brother was requesting to be the personal representative. The file number box was blank. When I went to the probate office to challenge this -within the 14 days- the clerk told me there was no file opened under my mother's name so I thought the forms sent to me were premature. But 2weeks later I bet the papers signed by the judge assigning my brother as PR. Is that correct process under the law? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,568 satisfied customers
If an on going Probate hearing in Los Angeles Probate Court
If an on going Probate hearing in Los Angeles Probate Court are going on and there's a contest of the Last Will is pending to be heard by the court, and during this time a Family Trust document is fou… read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
My boyfriend is in probate court regarding his mother's
My boyfriend is in probate court regarding his mother's conservatorship. Can I as someone not listed as an interested party to the case provide information ALL parties have but that the Conservator's … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x