Craig T. Matthews’s Answers

Craig T. Matthews

Dayton Litigation Lawyer.

Contributor Level 7
  1. How to protect mother's assets from Alzheimer stepfather's family?

    Answered almost 3 years ago.

    1. Joel Steven Weissler
    2. Steven J. Fromm
    3. Eric D Ridley
    4. Craig T. Matthews
    4 lawyer answers

    An attorney in fact has a fiduciary duty to act solely for the benefit of the principal and is not allowed to engage in self-dealing, such as "gifting" assets. Send a certified mail letter requesting that the attorney in fact render an accouning.

    2 lawyers agreed with this answer

  2. I was just fired and told it was because of my job performance but they have no documentation or proof. Do I have a claim?

    Answered over 2 years ago.

    1. Andrew A Esposito
    2. Christopher Lee Beck
    3. Craig T. Matthews
    3 lawyer answers

    Employment in Ohio is at will.

  3. How do i get poa over my elderly dad.

    Answered about 5 years ago.

    1. Justin Jay Watling
    2. Craig T. Matthews
    2 lawyer answers

    Be careful to make sure your father has "testamentary capacity" before he signs the power of attorney. If not, it can be set aside. Also be sure to use the assets only for your father's benefit, and keep documentation, otherwise you could be exposed to a claim of conversion. Finally, the power of attorney should be prepared by a lawyer and contain state of the art language describing the full breadth of the athority granted.

  4. Prior home owner did not disclose a continuous problemwith basement flooding. Who is at fault?

    Answered about 5 years ago.

    1. Craig T. Matthews
    1 lawyer answer

    Under Ohio law, a seller of a residence must disclose in writing all property defects, including any problems with moisture and water leaks. Even if the problem is resolved, the solution should be disclosed.

  5. Can my siblings & myself (we are all POA's) write a check from our mother's account to my sister for her work for bookkeeping?

    Answered almost 3 years ago.

    1. Matthew R. Rheingans
    2. William Ira Howell Acuff
    3. Craig T. Matthews
    3 lawyer answers

    A fiduciary is prohibited from self-dealing and must be able to proof by clear and convincing evidence that any transfer of assets to the fiduciary is for the sole benefit of the principal. To document the vailidity of the $2000 check, would need to obtain evidence that $2000 worth of work was done.

    1 person marked this answer as helpful

  6. Guardianship? of elderly relative? POA not taking care of him and possible financial irregularities!

    Answered almost 3 years ago.

    1. Matthew R. Rheingans
    2. Jerry E Shiles
    3. Robert V Cornish Jr.
    4. Craig T. Matthews
    4 lawyer answers

    Your relative may be incompetent to revoke the power. If so, then a famly member should file an application for guardianship.

  7. My mother has alzheimers and was contacted by sears to renew a warranty on appliances she no longer has they are harrassing her

    Answered about 5 years ago.

    1. Craig T. Matthews
    1 lawyer answer

    If you mother was incapable of understanding at the time, then she could not have entered into a contract. You should document what happened in a letter Sears - fax is ideal because it confirms receipt - and if they do not desist, report the matter to your state attorney general.