Guardianship

A Guardianship is a court ordered conservatorship over another person and/or their estate. Many times,  due to  the  advancement of age or illness, a loved one becomes mentally incompetent. Without the grant of a Power of Attorney or a Trust, a Guardianship is often the only remedy available to a family. A Guardianship is something that is applied for and granted by the Probate Courts in the State of Ohio.

Guardianships are a flexible means to accomplish particular goals. They can be granted for minor children or elderly parents. In the case of children, Guardianships are granted as they are deemed “legally incompetent” until age 18. In the course of adult Guardianships, said grants are given due to the lack of mental competence or physical competence of the ward. The process begins with an interested party making an application to the appropriate Probate Court. The application can state that the applicant seeks guardianship simply over the person (the physical person and his or her well being) or it can include an application to govern the person’s financial estate. The court gives due notice to all interested parties and immediate family members. Thereafter, a hearing is held to determine who is the most appropriate person to act for the ward. After the submission of the appropriate bond to guarantee performance of the Guardian’s duties, papers of authority are issued to the guardian.

Guardians are thereafter required to account for each and every action they take on behalf of the ward. If health care decisions have been made there should be documentation to that effect. In regard to financial Guardianships, accurate accounting and receipts are necessary as the Courts require a bi-annual report to be submitted and approved. Thus appropriate safeguards are in place to assure the timely and earnest completion of the Guardian’s duties.