QUESTION
If I have POA for my stepfather, who has mixed dementia, why can I not represent him in a Mayor''s Court?
Asked on Nov 15th, 2011 on Elder Law - Ohio
More details to this question:
Two years ago, he called me, needing help. His financial affairs were in shambles, due to his dementia (which we did not know right away, that he had). Over the last two years, I''ve been getting him to the VA, getting him back on track healthwise. We''ve been able to get his finances under control (but we still had to file bankruptcy). In all the chaos, his property was not kept up as it should have been. So, the city where he lives asked us to come to court. I went in my stepfather''s place to take care of it. I have financial and health care POA, which they rejected, and said that he needed to appear in court. I''d really rather not have to drag him to court, when I can take care of it for him.
1 ANSWER
Tonya Coles
By signing a Power of Attorney, a person names someone else who can "step in their shoes" to act on their behalf. A person can give someone else authority to act for them in many types of financial and health situations. However, in Ohio, a person cannot give someone else authority to appear in court for them. The effect of this would be to give that person authority to practice law. Only lawyers can appear in court on behalf of someone else.
Your stepfather can, however, give you authority to hire an attorney to appear for him. If your stepfather's financial Power of Attorney contains language allowing this, you (as his agent) can hire a lawyer to handle the matter.
Tonya R. Coles
Elder Law -- Estate Planning -- Probate
www.tonyacoles.com
Answered on Nov 15th, 2011 at 1:50 PM