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Home >> Ohio Man’s Struggle Against Eviction Highlights Need for Careful Construction of Your Powers of Attorney

Ohio Man’s Struggle Against Eviction Highlights Need for Careful Construction of Your Powers of Attorney

September 2, 2013 by Andreas Kulas Leave a Comment

In June, several media outlets reported on the story of John Potter, a 92-year-old Ohio World War II veteran who was facing eviction from his home. While evictions are not necessarily newsworthy events, what made the story stand out was the fact that Potter was being evicted by his own daughter.

The story behind the eviction began in 2004 when Potter, and his then living wife, began experiencing health setbacks. As many people their age do, the Potters decided to transfer financial powers of attorney to their daughter, Janice Cottrill. After receiving the ability to make financial decisions on her parent’s behalf, Cottrill used her authority to transfer the title of the home Mr. Potter had built himself into her name. Though Mr. Potter later discovered the transfer and tried to overturn it in court, an Ohio appeals court ruled against him when it determined that the statute of limitations had expired.

Then, after the story started gathering media attention, Potter and his granddaughter, Jaclyn Fraley, launched a fund raising campaign over the Internet. Potter hoped to raise the $50,000 he would need to purchase the home from his daughter, but actually ended up raising over $125,000.

But even though Mr. Potter successfully raised the money, his daughter refused his offer to purchase the home. Instead, the two will meet in an Ohio court and ask the court to rule on the eviction proceeding, though no court date has yet been set.

Filed Under: Estate Planning Tagged With: power of attorney

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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
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We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

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