Power of Attorney/Guardianship

Ohio Durable Power of Attorney

No one likes to consider that they will one day be unable to manage their own finances or make their own decisions about medical care. Through accidents, injuries or disease, however, people of any age can suddenly find themselves dependent on others for assistance. Wouldn't you like to select who those people are?

At Solomon, Steiner & Peck, Ltd., our attorneys help clients prepare for a potential crisis or respond to an immediate one.

We create the legal documents that designate financial powers of attorney, health care powers of attorney and guardianship.

Guardianship

A guardianship is an estate overseen by the probate court for management of the personal care, the estate or both of a minor child or "incompetent" adult — one who, by reason of mental or physical disability, is incapable of making sound decisions about his or her property.

Durable Power of Attorney

A durable power of attorney is a document that authorizes another person to handle your day-to-day financial affairs. These powers include:

  • Managing bank accounts, investments and real estate
  • Investing assets
  • Selling personal property and real estate
  • Dealing with the Social Security Administration and the Internal Revenue Service
  • Settling claims and debts
  • Making gifts of assets
  • Filing tax returns and other documents

The power of attorney can be effective immediately or it can "spring" into effect only when the principal is declared incompetent. A power of attorney can also include a provision in which you name a guardian in the event you become incompetent. A power of attorney can be revoked at any time.

Health Care Power of Attorney

A health care power of attorney is a written document signed by you that authorizes the person you name to make all of your health care decisions. It only goes into effect after your attending physician determines that you are incapacitated so as to be unable to make health care decisions for yourself.

Living Wills

Living will declarations are used to express your wishes regarding your health care if you should be in a terminal condition or a permanently unconscious state. This document is effective only when you are incapacitated and only if two physicians agree that you are actually terminally ill or permanently unconscious.

As with any estate planning document, a durable power of attorney, health care power of attorney and living will declaration should be reviewed on a routine basis to make sure they still reflect your wishes.

To discuss any of these documents, please contact a lawyer at Solomon, Steiner & Peck, Ltd. From three locations, we represent clients throughout northeastern Ohio.