Mentor Ohio Guardianship Lawyer
Applying for guardianship can be one of the most difficult decisions that a family member or loved one will have to make. The application for guardianship requires the applicant to have the perspective Ward (person over whom guardianship is sought to be established) incompetent to handle their own financial or healthcare decisions. Guardianship is the jurisdiction of the county Probate Court and governed by that court.
Types of Guardianship
There are two types of guardianship. These are guardianship of the estate (financial) or of the person (health and personal care). The two types may be applied for separately or in conjunction with each other. The potential Ward can be a person of any age. An adult would need to be determined by a medical professional to be incompetent to make their own decisions. A potential Ward who is a minor is, by law, unable to make their own decisions and a declaration of incompetency is not required. The guardianship of a minor, unless said minor is under a medical or psychological disability that would require the guardianship to continue, will expire when the minor Ward reaches the age of 18 years.
Financial guardianship allows for the guardian to have access, control, and authority over the assets of the Ward. These assets include, but are not limited to, social security benefits, real estate, inheritances, or other sources of income. When the guardianship of the estate is applied for, the applicant must post a bond for double the amount of the assets, with the exception of real estate, which can only be transferred by court order in a guardianship. The guardian must also ask the county Probate court for authority to spend or dispose of any funds prior to the expenditure. Yearly, the guardian of the estate shall file an accounting of all income, money spent, and what assets remain in the guardianship of the local Probate Court.
The need for guardianship of the estate can nearly always be eliminated by the completion of a Durable Financial Power of Attorney that has been signed before the potential Ward has been determined not competent to do so. Please see the section on this site that describes Powers of Attorney for more information. A Durable Power of Attorney cannot be competed by a minor as, by law, a minor has no competency to do so.
When to Apply for Guardianship
Guardianship of the person can be applied for when the potential Ward has been determined to be incompetent to make decisions regarding their well being or healthcare. The Guardian, with the local Probate court’s authority, makes the decisions about what medical or psychological care the Ward receives up to and including termination of life. The guardian of the person may also determine the safest place for the Ward to live and facilitate the Ward moving into the determined facility or residence. The guardian of the person must complete a guardian’s report yearly, and visitor reports not less frequently than every three months.
The State of Ohio now requires all Guardians to attend an initial class, either in person or online, and also attend yearly supplemental classes. Further, the State requires that all Guardians annually create a plan for the Ward’s care.
Contact Your Northeast Ohio & Mentor Guardianship Attorney at Moseman Law Office, LLC
The navigation of the guardianship process and complying with the regulations can be difficult and is best done with the assistance of an experienced guardianship lawyers in Mentor, Ohio. Please contact Moseman Law Office, LLC for assistance with this process.
Moseman Law Office, LLC
Moseman Law Office, LLC is a full-service legal firm located in Mentor, Ohio, serving all of Northeast Ohio and providing personalized legal solutions to its clients.
Moseman Law Office, LLC
8500 Station St., Ste 210
Mentor, OH 44060
Phone: (440) 255-0832