Follow
Share

I already have the POAs and Healthcare surrogate from my mother before she became incapacitated. Is there any need to now obtain legal guardianship in addition to these legal documents now that she has been found incapacitated? It is mentioned in these that she "... request that no guardianship proceeding in the event of my disability..." this is in the durable POA. The durable POA Healthcare includes... "Guardian of Person ... for any reason be required, I nominate my Agent as guardian." In the Health Care Surrogate & Alternate, it includes, "In the event that I have been determined to be incapacitated to provide informed consent for medical treatment and surgical and diagnotics procedures, I wish to designate as my surrogate for health care decisions, my daughter, xxx."

My other question is that we now live in Ohio and these documents were prepared in Florida before she was deemed incapacitated. Are these still in effect now in Ohio and will I need to obtain legal guardianship?

This question has been closed for answers. Ask a New Question.

3 Answers

Most
Helpful Newest
First Oldest
First
Is anyone giving you any grief in taking care of your mother or her affairs? If you are fighting with a sibling over what is the best thing to do for Mother or if Mother herself is resisting your efforts to arrange care for her, then, yes, you may need to become her legal guardian. But if it ain't broke, don't fix it.
Helpful Answer (1)
Report
It sounds like you have all of the bases covered already. As long as those documents are notarized they should be as legal there as in Florida. Did your mother have any investments or bank accounts in Florida?
Helpful Answer (0)
Report
To be on the safe side, I would check with a lawyer.
Helpful Answer (0)
Report
This question has been closed for answers. Ask a New Question.

Recent Questions


Popular Questions


Related Questions

Ask a Question
Subscribe to
Our Newsletter