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I have been my Mom's representative payee thru the Social…

Customer Question
I have been my...

I have been my Mom's representative payee thru the Social Security Admin since July and then in September, she appointed me as her Durable POA and Attorney-In-Fact. Now, my siblings are causing trouble by alleging misuse of my Moms funds, which of course has not happened. My sister has applied for guardianship and this is not desired by my Mom or I. What powers if any does my POA have in regards ***** ***** my sister for guardianship.

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Ohio

Lawyer's Assistant: What documents or supporting evidence do you have?

I have a notarized Durable Power of Attorney. It's dated September 30th ... then my sister had a doctor declare my Mother as incompetent in October.

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
11/18/2017
Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,265
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 8 months ago
ok
Lawyer: Ray, Lawyer replied 8 months ago

You can file your own application for guardianship.You can use her filing to draft your own.As the POA you may have a leg up here.File quickly you want to give the court a choice.There doesn't appear to any wrongdoing she can prove and you are the one your mother wants here.Make sure you file quickly to see if you can be the guardian.

Guardianship here trumps POA but only if they can prove mother is incompetent and in need of such , that doesn't appear to be the case.

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 8 months ago
My mom has already been declared incompetent, but after I was granted Durable POA
Lawyer: Ray, Lawyer replied 8 months ago

Forms and self help here you can apply as well and are the better choice.

https://www.supremecourt.ohio.gov/LegalResources/Rules/superintendence/probate_forms/

Prayers to you and your mom with all of this.

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Lawyer: Ray, Lawyer replied 8 months ago

So you can file for guardianship yourself the guardianship trumps the POA. You still have rights here to try and get appointed.

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Customer reply replied 8 months ago
I've also applied for guardianship
Lawyer: Ray, Lawyer replied 8 months ago

The courts here should favor you as former POA and your mothers choice to manage her affairs.I cannot see the sister winning here.Thanks.

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Customer reply replied 8 months ago
I'm still her POA
Lawyer: Ray, Lawyer replied 8 months ago

So first court has to decide if one is needed.If they find she needs one then you would be first in line to be appointed.She may not need one.

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