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Is it possible to get power of attorney for my former legal guardian?

Cleveland, OH |

My former legal guardian is now a widow and in her late 90's. Her husban passed away 3 weeks ago.

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Attorney answers 1


If your friend is competent and desires to give your power of attorney, then she can meet with her attorney to prepare and sign a power of attorney document that would give your authority to assist her with various matters. As the proposed agent under this document, you should be aware of Ohio's new Uniform Power of Attorney statute which imposes very specific responsibilities and liabilities on the agent under a power of attorney. These liabilities are personal to you and you could be liable to your friend, her family or her estate for errors or improper acts taken by you under the document. The standard of compentency to sign a power of attorney now is a testamentary standard, meaning she must have the same level of competence that is required to sign a will (a higher standard than before). If she is not so competent, then she cannot give you a power of attorney. Thank you for your question.

This response contemplates only the laws of Ohio and is not intended to apply to other jurisdictions. None of the information in this response should be used or relied upon as legal advice or legal opinion about specific matters, facts, situations or issues. Viewing it does not establish an attorney-client relationship between you and Sherrille D. Akin, the law firm of Isaac, Brant, Ledman & Teetor LLP, or any of its individual attorneys

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