Financial Durable Powers of Attorney

Document Type

Book Chapter

Publication Date

2004

Abstract

In her 2004 contribution to the Ohio Elder Law Handbook, Carrolyn Dessin provides a comprehensive overview of financial durable powers of attorney (DPOAs) as essential tools in elder care legal planning. The article outlines the statutory framework in Ohio, detailing how DPOAs enable individuals (principals) to designate trusted agents to manage their financial affairs in the event of incapacity, thus avoiding the need for judicial guardianship. Dessin examines the legal formalities required under Ohio law for valid execution, the scope of authority that can be granted, and the fiduciary obligations imposed on agents. The discussion also touches on the risks of abuse, emphasizing the importance of careful drafting, agent selection, and oversight. Dessin advocates for durable powers of attorney as instruments that balance elder autonomy with protection.

Publication Title

Elder law handbook

Comments

editor, Barbara A. Venesy, Esq. ; John F. Murphy, Esq., Chairman OSBA Elder Law Committee, 3rd Edition

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