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I live in Dayton, Ohio. My elderly mother wants to make me…

Hi! My name is...

Hi! My name is ***** ***** I live in Dayton, Ohio. My elderly mother wants to make me Power of Attorney upon her death. I heard I could just download POA papers and have a notary witness us signing them. Is that true or is there more to it? My mother is ill and we need to do this as soon as possible. Thank you.

Lawyer's Assistant: Have you talked to an Ohio lawyer about this?

No.

Lawyer's Assistant: What steps have you taken so far?

I reached out the EAP program at work. My request was sent to a local laywer but I never heard from him other than a canned email response that did not answer my question.

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Answered in 1 minute by:
3/23/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,263
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Customer reply replied 4 months ago
ok.

You can be her attorney in fact under a POA, but all POA's terminate automatically, by law, upon the death of the principal.

So, if your mother wants you to have authority over her assets after her death then she will need to either create and execute a last will naming you as executor, or, if she wants to avoid probate, a trust naming you as a successor trustee upon her death.

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Did you still want a financial POA form?

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Customer reply replied 4 months ago
Oh, thanks. This is helpful. I have to check with her to see if she lists me (or both my sister and me) as executors. Yes, she wants us to avoid probate, so sounds like we need to take that extra step to set up a trust. I know this might sound strange in this day and age, but do you offer home visit consultation? My mother is alert and coherent but has limited mobility. If you do, how much would you charge for this service?

Thank you for the vote of confidence. Unfortunately, I am not taking on new clients (retired).

It is recommended your mother retain an attorney to draft and fund the trust, as errors in drafting or title can be very expensive to correct.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 4 months ago
Oh, ok. Thanks so much, and yes, I will give you a favorable rating.

You are very welcome. Thank you for using JA.

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,263
Experience: 30 years experience representing clients.
Verified
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