If someone is unable or unwilling to make decisions, the only way that someone else can make their decisions is if that other person has been empowered to do so by a local probate court or through a written power of attorney signed by the person giving the authority (the principal).
Court appointment of people to make decisions for others is called guardianship. Guardianships can be cumbersome and expensive, but they may be the only available tool if someone is mentally unable to make decisions and had not previously signed powers of attorney.
POAs typically follow two formats. One format is used for healthcare decisions. The typical healthcare POA in Ohio is based upon a form created by the Ohio’s attorney, doctor, hospice and hospital trade associations. The forms are standardized but include numerous, possible adjustments to…
Read more about this in Lee’s article in the Lima News here: “Legal-Ease column: “Powers of attorney and their effectiveness”,”
Source: LimaOhio.com, “Legal-Ease column: “Powers of attorney and their effectiveness”,” by Lee R. Schroeder, January 25, 2020
Lee R. Schroeder is an Ohio licensed attorney at Schroeder Law LLC in Putnam County. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at Lee@LeeSchroeder.com or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.