By Lei Jiang, Esq., Lei Jiang LLC.
In Ohio, no — not on your own say-so. Without a power of attorney signed while your parent could still make decisions, adult children have no automatic legal authority over a parent’s money or medical choices. The route is a guardianship through the probate court (R.C. Chapter 2111).
The court appoints a guardian — a person the probate court authorizes to manage the person, the estate, or both, of someone who is “incompetent” under the law, meaning so mentally impaired by illness or disability that they cannot take proper care of themselves or their property (R.C. 2111.01). Getting there means court proceedings and ongoing court supervision. It works, but it is time-consuming, expensive, and energy- and emotion-draining — and public — compared with a power of attorney. And it cannot be fixed retroactively: a power of attorney must be signed by the person (R.C. 1337.25), and a durable one keeps working after incapacity (R.C. 1337.24) — but only if it was signed before capacity was lost.
The practical takeaway: if your parent can still decide, sign a durable power of attorney and a health care proxy now. If that window has closed, talk to a probate attorney about guardianship promptly — bills and care decisions will not wait. Guardianship also has an ongoing cost: the guardian must report to the court, and major decisions may need the court’s approval — one more reason a signed power of attorney is the cheaper, private route.
Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation
This article is general information, not legal advice for your situation.