Ohio Probate Law: Ohio Power of Attorney

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Daniel McGowan is an Ohio and Florida probate lawyer and can be reached for a free consultation at 216-242-6054 (Ohio) or 954-803-0877 (Florida) or dan.mcgowan@yahoo.com.  Click here to contact

Ohio probate lawyers generally agree that one should consider having to a written power of attorney in case you, because of accident or illness, become incapable of making financial and medical decisions.

Ohio probate lawyers will also generally agree that disputes arise in probate litigation regarding the scope for which a person can act for another under a written power of attorney.

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A few years ago, the Ohio legislature adopted the Uniform Power of Attorney Act.  The adoption of the Uniform Power of Attorney Act implemented a favorable change to Ohio probate law and the probate process.   Importantly, the law now provides for tools to help probate lawyers fight financial exploitation of elderly persons in Ohio.

When questions arise concerning the need for a power of attorney, it is recommended that the family consult a probate lawyer. Also, when choosing who is to act as the agent, it is imperative to choose someone who can be trusted. While virtually all agents are honest, there are occasions where the agents abuse their power. My office most frequently sees these cases where the exploited person is elderly or suffers from dementia.