When someone becomes incompentent and can’t take care of themselves, then it’s best to have someone appointed as their legal guardian.
In Ohio a legal guardian can be over the person or the estate. A guardianship over the person is mostly about the healthcare decisions and the well-being of the person. Typically, anyone can be appointed as the guardian of the person. However, when it comes to a guardian of the estate, you must be a resident of Ohio to be appointed in Ohio.
Guardianship of the estate deals with the finances and any times that the person owns. It requires an accounting to be filed, which is usually filed every two years, but if the Probate Court deems it necessary, then it can be filed more often as the Court desires.
Some people think if a guardian is appointed, then they won’t need to Probate their loved ones estate when they pass. This couldn’t be further from the truth. Just because a guardianship has been created with the Probate Court it has nothing to do with Probating their estate. For example Tom could get appointed as guardian for Eddie, but then upon his passing Eddie’s will could appoint Steven as his executor of the estate. And then it would be Steven’s responsibility to carry out the financial responsibilities as it administer's the estate. Simply having someone declared incompetent isn’t an easy task and it can’t be used to circumvent the probate process.
If you have any questions or concerns about a Guardianship over the person or the estate, then give us a call at 740-346-2899.