Guardianships
If a loved one has been incapacitated by illness or accident, he or she should have a legal guardian. A probate proceed will decided whether a guardianship is necessary. It happens when a incapacitated or incompetent person did not have powers of attorney or other advance directives that provided instructions on the steps to take in case of such a situation. The attorneys at Albrechta & Coble, Ltd., have experience opening guardianships and are here to help you with them.
There are two different types of legal guardian. The first is the guardian of a person which provides the guardian with legal standing to make decisions involving the healthcare and treatment of a loved one. The second is guardian of an estate. This allows you to make decisions about your loved one’s assets and property. Both may be held by the same person or by separate people.
How to Establish a Legal Guardian
When no will exists, or unanticipated circumstances arise, Albrechta & Coble, Ltd., is here to help. A guardianship may be required under a variety of different circumstances:
A child who is a beneficiary of a settlement from litigation
Adults who are no longer able to take care of themselves and did not formalize a power of attorney
Minor children whose parent is deceased
Minor children who receive and inheritance outside of a Living Trust or Inter Vivor
Minor children who receive an inheritance outside of an Inter Vivor or Living Trust
More on Guardianships
Guardianships can be limited to just health care decisions or personal finances, or their may be a full guardianship where the guardian oversees every aspect of a person’s life.
Any person who is concerned can initiate a proceeding. But if the individual is over the age of 18, they must be certified incompetent by a doctor. Family members are notified and the proceedings are under the Probate Court’s supervision to make sure his or her interests are protected.
Within 60 days the court will schedule a hearing to determine if the person is legally incompetent. A trial could be held if: the person disputes his or her incompetence; or a family member dispute who should be appointed guardian.
Once the guardian is designated he or she is responsible for a financial accounting of the estate and purchasing insurance bonds to protect the incapacitated person’s assets and income.
Power of Attorney Issues
Ohio’s power of attorney statute gives one person the authority to handle another person’s property or finances. Our attorneys know how to draft and execute properly a power of attorney that meets your specific needs. When disputes or questions arise under an existing agreement, our legal team can help you understand your legal options.