When a person is incapable of handling his affairs and day to day life, a court may appoint a guardian to be responsible for his financial and personal matters. The duties of the guardian can be complex and the process of getting guardianship can be difficult. At Wolfe Legal Services we are here to help. We have 20 years of experience as a guardianship attorney.
What Is a Guardian? What Is a Ward? Why Do I Need a Guardianship Attorney?
A guardianship attorney is usually necessary in order to petition a court for the establishment of a guardianship. A guardian is a person appointed by a probate court to be responsible for another person and/or another person’s property. The ward is the person placed under the protection of the legal guardian. The duties of a guardian will often include managing the ward’s finances or estate. In Ohio there are several types of guardianship.
- Guardianship of the Person: This person has physical custody of the ward. This type of guardian makes day to day decisions for the ward with the exception of financial decisions
- Guardianship of the Estate: This person has the ability to make all financial decisions for the ward.
- Interim Guardianship: An Interim Guardianship is necessary if the former guardian is not available.
- Co-Guardianship: Co-Guardianship is when more than one person is appointed as the guardian.
- Limited Guardian: This type of guardian only serves the ward for specific portions of the ward’s life
- Guardianship of Person and Estate: This type of guardianship allows a guardian to make day to day decisions and financial decisions for the ward.
- Emergency Guardian: An Emergency Guardian is appointed by the Probate Court without a formal hearing. This type of guardian is appointed if the court feels it is necessary to prevent immediate injury to the person or estate of the ward.
- Conservatorship: Conservator is technically not a type of guardianship. However, it is a related subject. A Conservator is a person appointed by the Probate Court at the request of a mentally competent adult who is unable to manage certain aspects of his life.
- Guardianship can be established for adults and minors. Below you will more information.
- Adult Guardianship: If an adult is unable to take care of himself, or his property a guardian may be appointed.
- Minor Guardianship: If a child has no living parents, or if their parents have been deemed incompetent or unfit, a minor guardianship must be established. Also minor guardianships are necessary if you are the natural parents, and your child has accumulated significant assets.
Representing You as Your Guardianship Attorney
We also represent people alleged to be incapacitated. Sometimes people claim a person is incapacitated in order to get control of financial decisions or property. If we believe your guardianship is being handled improperly, we will challenge allegations of incompetence in court.
If you need an attorney for estate planning, or a guardianship attorney contact our law office to arrange a free consultation.
