Ohio guardians have many responsibilities with respect to incapacitated adults on whose behalf they are acting. Guardianship rights are carefully calculated to give guardians the freedom to act for their wards’ benefit, without giving them excessive powers that could be abused.
For example, guardianship rights include the right to make and manage investments on the ward’s behalf, manage the ward’s real estate, and collect debts that are owed to the ward. Ohio Revised Code Section 2111.50 also gives the guardian the right to do some limited estate planning on the ward’s behalf. In August of 2021, that right was expanded somewhat, and procedural safeguards were put in place to protect the ward and other interested parties. Let’s discuss expanded guardianship rights regarding estate planning and managing a ward’s estate in Ohio.
ORC Section 2111.50, prior to its amendment, granted a guardian the same powers that the ward would be able to exercise on their own behalf, if the war… Read More
What's your worst fear as a parent? If you're like many people, it's the prospect of dying prematurely and not being able to care for your young children.
Unfortunately, you have limited control over your health and the length of your life. But you have nearly total control over making sure your children are cared for. If anything should happen to you, they'll need a guardian to stand in your place, and you have the ability to choose whom that will be. If you fail to make a choice, a court will decide for you. The person a court decides—typically a close relative—may not be the person you would choose.
Therefore, it's critical that you think about whom to appoint as your child's guardian in your will or power of attorney. Failing to clearly and effectively appoint a guardian can lead to a legal battle that will be devastating for your child and the rest of your family. The decis… Read More
Ohio parents usually intend to create a will and name a guardian in it for their minor children. Unfortunately, we all know someone who has died suddenly and unexpectedly, long before their time. When that happens, and the person who died leaves behind a minor child who does not have a surviving parent, a guardian must be appointed. Even if a guardian is named in a will, the court must approve that selection.
This article discusses the process that must be followed in Ohio probate courts to appoint a guardian for a child whose parents are deceased or otherwise incapacitated.
At this point it should be noted that there are two types of guardian for a minor child in Ohio. You probably think of a guardian as someone who stands in the place of the parent: taking care of the… Read More