How to Challenge a Guardianship in Ohio

What to Do When Someone Files for Guardianship Over You

When someone files for a Guardianship, the Applicant is trying to take away the proposed Ward's ability to make certain choices. Many times, this is warranted. However, because Guardianship restricts the Ward's ability to make decisions about his or her own life, other, less restrictive options should be explored first.

Guardians are appointed to oversee the legal and financial matters of someone who cannot manage his or her own affairs because of a mental disability, a developmental disability, or chronic substance abuse. By filing for Guardianship, the Applicant is asking the court to find the proposed Ward "incompetent" - unable to manage his or her affairs alone.

If someone has applied to be your Guardian and you want to oppose it, contact an Ohio Guardianship attorney immediately.

Hire an Attorney to Oppose Guardianship Before the Hearing

If someone has applied to be your Guardian, you have a better chance of success if you challenge the Guardianship application before it is granted. Once a Guardianship is established, it can be very difficult to have the Guardianship reversed.

To challenge an Application for Guardianship, it is critical that the proposed Ward find an experienced Ohio Guardianship attorney who will aggressively fight for the rights of the proposed Ward. The liberty of the proposed Ward is at stake.

An Ohio Guardianship attorney will seek the opinion of an independent medical professional, such as a medical doctor, psychologist, or psychiatrist. The medical professional will complete a Statement of Expert Evaluation stating that Guardianship is not appropriate for the proposed Ward. The court will also consider the opinion of a court investigator.

As the proposed Ward, you have the right to due process, which includes:

• the right to be present during the hearing
• the right to an attorney
• the right to prevent your own doctor or other medical professional from testifying against you
• the right to an independent evaluation

At the Guardianship hearing, it is critical that you have an aggressive Ohio Guardianship attorney who will fight to protect your rights, explain to the court why a Guardianship is not appropriate, and suggest other, less restrictive alternatives to Guardianship.

Less Restrictive Alternatives to Guardianship

Before starting an Application for Guardianship, it is beneficial to consult with an Ohio Guardianship attorney who may be able to suggest less restrictive methods to protect the proposed Ward, while allowing the person to maintain more of his or her freedoms. If an Application for Guardianship has already been filed, the attorney for the proposed Ward will point out less restrictive ways to meet the needs of the person. The court is required to consider less restrictive alternatives to Guardianship, such as:

• Representative Payeeship or Authorized Representative - may be available if a person's only income comes from state or federal entitlement programs like Social Security, Disability Insurance, Veterans benefits, welfare, Railroad Retirement benefits, or Black Lung benefits. Depending on your unique situation, an Ohio Guardianship attorney will be able to determine whether you are eligible for one of these less restrictive alternatives to Guardianship.
• Trust - could be used to handle funds for the proposed Ward.
• Conservatorship - appointed at the request of a mentally competent adult who cannot manage certain aspects of his or her life. The person requesting appointment of a Conservator can specify the powers requested, has the choice to dismiss the conservator if he or she wants to change to a different conservator, and can end the conservatorship if the conservatorship is no longer necessary.
• Protection Orders - might be a less restrictive way to protect the rights of the person if their physical, mental, or financial well-being is threatened.
• Powers of Attorney - give someone else the right to act on another person's behalf and can be revoked at any time.

If Guardianship Has Already Been Established

If someone has already been granted a Guardianship, the Ward can try to have the Guardianship terminated. An experienced Ohio Guardianship attorney can submit a motion to terminate Guardianship, or try to have the Guardianship reduced to a limited Guardianship.

Need to Challenge an Ohio Guardianship?

If you need to challenge an Ohio Guardianship, contact us at at Wolfe Legal Services today. I work with people throughout the greater Columbus area, including Dublin, Bexley, Upper Arlington, Marysville, Hilliard, Delaware and Newark, and throughout Franklin County, Delaware County, Union County, and Licking County. Call (614) 263-5297 any time or complete our online form.