Guardianships come in two flavors.

The first is a guardianship over a minor child.  This can be because a grandparent is going to take care of a child, or because the minor child has inherited a substantial amount of money that needs to be handled through a guardianship.  These types of guardianships are not fraught with the same emotions as a guardianship over an adult, although the circumstances that give rise to the guardianship can be very sad or troublesome.  That does not make it any less important to make sure that the legal process is followed properly, that accounts are filed when needed and that everything is in order so that the child or children receive the greatest benefit from the guardianship.

The other more common but more challenging form of guardianship is when an adult needs to have someone appointed because of the challenges of handling financlal and other affairs.  The decision to seek a guardianship over a person can be very difficult, particularly because almost no one goes from competent to incompetent over time.  Whether the change is due to Alzheimers, a drinking or drug problem or a traumatic brain injury, it is still difficult to determine when the line has been crossed.  In addition, with a Power of Attorney for Health Care and other related documents, the need for a guardianship may not arise right away because many of the issues can be handled due to the powers given by these documents.

Sometimes guardianships get embroiled in family disputes,which only adds to the challenge.  Sometimes the guardianship arises because a governmental agency gets involved when the family has not been made fully aware of the circumstances. Sometimes there is a disagreement with respect to who should be the guardian.  Sometimes the prospective ward wants to fight having a guardianship imposed.

Obviously, even though there are many forms available on line, not every issue is addressed by a form.  That means that without a background in this area of law, it is not easy to figure out exactly what your legal rights and responsibilities are.

It is usually wise to consult with an attorney when faced with this situation.  Whether you are the prospective ward, the prospective guardian or a concerned individual who is involved with the situation, it certainly makes sense to sit down and consult with an attorney to make sure you understand what your rights are and what you can and cannot do. 

In any guardianship proceeding, the Probate Court is actually the superior guardian and is the ultimate decision maker, so compliance with the Probate Court rules is essential.  That is why, if you have any questions, it would be adviseable to consult with an attorney.

Legal advice can only come from an attorney who is familiar with the area of law and familiar with your particular situation.  A number of attorneys, including me, do not charge for the initial consultation.  The information contained here is not legal advice, and is provided just to make you aware that you do have options.  Please consult with an experienced attorney before making these significant, potentiall life-changing decisions.  

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Everything here is just legal information and not legal advice.  You should treat it as such.  You should consult with a lawyer before applying this information to a specific situation.  Of course, I hope that you will contact me, which you can do so by calling me at 216-780-0105 or emailing me by clicking here.

A word of warning (or, actually, many words of warning):

All of this information has been provided just to make you aware of the various options under Ohio law.  This is legal information,  not legal advice.  An attorney-client relationship is not established just because you are reading this or even just because you contact me.  Also, I am not responsible for content of material you may find by following the links not am I endorsing those sites since I do not control those other websites.  I am providing these links just to give you access to more information.  Do not send me confidential information until an attorney client relationship is established.  When you contact me, we can set up a time to talk more in depth, at which point your information will be confidential.