Is it legal to record a sick person to get them to change POA?

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jesse7virginia Asked February 2020

Is it legal to record a sick person to get them to change POA?

Mom has us as Durable POA for 18 years. 4 years ago she was diagnosed with dementia probably stage 2. She broke her hip Dec 12 and now is stage 6 dementia. We had to place her in a home. Now the siblings are recording her conversations trying to get her to change POA, trying to convince her there is nothing wrong with her. We are doing the best we can for her care and are now going for guardianship. We are planning on liquidating her assets for the care. We believe their greed is their motivation. Are they breaking any laws by recording her? We are in Ohio.

Alzheimer's & Dementia Elder Law Power of Attorney (POA)

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score 1 · Answer 1

Ohio appears to be a one party consent state. So as long as one party knows it's being recorded, then it's legal. Since the siblings that are doing the recording obviously know, then it's legal. In other states, all parties being recorded need to know.

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score 1 · Answer 2

You seem to know the stage of her dementia, and so I am going to assume this is in her records. IF it is it doesn't matter what they "get her to do" as it would be illegal. In order to change your POA you have to not be a stage 6 dementia. Almost certainly you have the correct diagnosis in your guessing greed is motivation things here. So sorry you are going through, but look like when she was able your Mom chose the right one to handle things. Good on her.

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score 0 · Answer 3

Is her dementia diagnosis in her medical records?

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score 3 · Answer 4

They may not be breaking any laws but the fact that she has dementia, they may successfully get her to change her POA but it would be overturned.
With them trying to get something, please follow through with guardianship and move all her money to another account to keep them from getting it.
Also inventory and secure her assets, such as deed to her home titles to cars and anything of value

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Is it legal to record a sick person to get them to change POA?

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