A guardianship is a legal proceeding in probate court in which a guardian is appointed to exercise the legal rights of someone who does not have the capacity to manage their own affairs, such as a minor child or an adult with dementia. The person who needs a guardian appointed to care for them or their assets is called a “ward.”
The guardian of the ward’s person may exercise certain rights that have been taken from the ward, such as the right to decide where the ward will live, what medical care they will receive, and other personal care decisions. The guardian of the ward’s estate manages the ward’s financial affairs.
In Ohio, when a court gives a guardian authority over a ward’s property, the guardian has certain obligations. For instance, the guardian must inventory the property, invest it wisely, and use it for the ward’s benefit. They must file annual accountings with the probate court indicating assets received and detailing how funds were spent on the ward’s behalf. The guardian of the estate must also get court approval in advance for certain financial transactions.
Compassionate Representation in Ohio Guardianship Matters
Having to seek guardianship of a loved one, or having someone seek guardianship over you, can be a difficult experience. At Maguire Schneckenburger Legal Group, we understand how challenging guardianship issues can be and we approach these matters with great sensitivity to what our clients are going through.
We regularly represent those applying to become someone’s guardian. We assist with the application process, setting up and managing a guardianship bank account, getting court authority to spend funds on the ward’s behalf after appointment, and filing the required annual reports. In other cases, we represent potential wards who want to oppose a proposed guardianship. These individuals have a right to counsel, a right to be present and make arguments against guardianship, and the right to be examined by an independent doctor to show that a guardianship is not necessary.
To learn more about the guardianship process and the rights and obligations of all involved, we invite you to contact Maguire Schneckenburger Legal Group to schedule a consultation at no cost.