A guardian’s job is to handle the personal and financial affairs of a minor or of an adult who has been deemed as incapable to do so themselves. Ohio law suggests that if a legal guardian is necessary, that it be family member, when possible, though anyone may ask the court to be appointed. There must exist a “statement of expert evaluation” attached with the filing, and this is usually provided by physician who has observed or treated the individual that the guardianship is being sought for. If the court agrees with the physician, they will then appoint a guardian for that person even if he or she does not want one.
A guardian’s power is limited to what the law requires, including relevant Ohio court decisions and orders and rules of the probate court. The guardians are compelled to obey anything set forth by the terms of the guardianship, per the judge.
While a legal guardianship is effective, it can be expensive, when compared to a Power of Attorney. Far too many people miss out on the benefits of a power of attorney and leave their family with the only option… to obtain a guardianship. If you’d like to learn more about guardianships and the cheaper, less stressful alternatives, you can schedule a consultation with a member of our estate planning team. Just call (740)346-2899.