How do I obtain power of attorney over my two aunts?

1 answer | Last updated: Sep 29, 2016
Tmelock asked...

My dad and I are concerned about his 2 elderly sisters, my aunts, who live alone, are in bad health, and have quite a few animals in the house who are not housebroken. The oldest goes off in fits of rage which is detrimental to the younger one. I have tried to get my younger aunt to move with me and she won't go. How do we go about getting power of attorney and moving them from a home that is falling down around them? Any help would be appreciated. They live in a small town in Ohio and I am not sure of all the laws there.

Expert Answers

To obtain a power of attorney from someone, it must be freely given. I gather that you have tried to persuade your aunts to given you power of attorney, and they have refused. Aside from trying again (and again), there's nothing else you can do to get a power of attorney from them. You can't (legally, as well as morally) compel or coerce a power of attorney from them, or from anyone.

If someone can no longer manage their life, you can bring a legal proceeding, in the state and county where they live, to have yourself, or another person, given legal authority over them. This proceeding can go by different names, such as a guardianship or a custodianship.

Giving legal power to someone over another person's life is obviously a drastic step. Your aunt's might fight to preserve their independence. And it would certainly cost you in legal fees. So it is a last resort. Still, it is a resort that people use every year, when all else has failed.

Perhaps discussing the possibility of you bringing a legal proceedings would aid you aunts to see the wisdom of your views about giving you power of attorney.

Good luck.