Kids who live out of state
By Beth Newcomb
Life is unpredictable.
That’s why having a will, a living will and durable powers of attorney for health care and your finances are the keys to ensuring your wishes are carried out—no matter what the circumstances.
But there are some finer points contained in Ohio law that make retaining the services of an attorney like John J. Urban, who has concentrated in estate management since the mid ‘70s, critical.
For people who have blood relatives living out of state, the importance of naming one of them (a child or other relative) on your powers of attorney can make the difference between having a court-appointed guardian making decisions on your behalf, or someone you know and trust.
John recounts the story of a man who was incapacitated and needed to go into a nursing home. A lack of preparation meant the man didn’t have financial or healthcare powers of attorney in place.
“His kids lived out of state and he had no other blood relatives in Ohio,” John says.
“Ohio law says you cannot have an out-of-state person named to be your guardian, so the man had to have a court-appointed attorney named. Fortunately, I was appointed as his guardian and met with the family regularly to discuss his care, but that isn’t what normally happens.”
John says this situation perfectly illustrates why planning ahead is vital.
“Once you are incapacitated, you cannot put your estate planning documents in place,” he notes. “If you have children who live out of state, it’s important to have them named on your powers of attorney prior to a significant life event taking place.”
For Mimi readers, John provides a free, 45-minute legal services consultation in person or on the phone and offers his services at a contracted discount rate. Be sure to mention this story when you schedule an appointment. House calls and select evening appointments available.
To reach attorney John J. Urban, call 440-846-0000, ext. 227. His offices are located at 11221 Pearl Road, in Strongsville. Visit the website at JJUrbanLaw.com.