Guardianship Archives - Ohio Family Law Blog

Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio

PUBLISHERS UPDATE: Here is one of my favorites posts about Adoptions, Guardianship and Custody Actions from back on June 5th, 2021! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Legal Advice is Essential, if contemplating Adoption, Custody or Guardianship Action

The Legal Caregiver Roles in Ohio: Adoption, Custody and Guardianship. Which Role is Right For Me?

It is fundamental to those contemplating a new role of a caregiver of a child to know the rights and restrictions of each of these proceedings in order to best be informed about the legal possibilities and implications.

It is critical to have a committed person/family step in and assume the role of care in the precarious situations children or others needing care are often left in. Being informed is priceless, but obtaining legal advice is essential. Which option or approach is best for your situation may turn on specific facts and the legal jurisdictional requirements. But, here is an overview of the options.

What are the options?

Adoption:

Adoption terminates the legal relationship once held between the biological parent and the child. Anyone looking … Read More... “Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

Why Basic Estate Planning is so Important!

A Reminder to All for National Estate Planning Month…

With October being national estate planning awareness month, this is as good a time as any to reflect on why estate planning is so important. It is part of being a responsible adult and showing that we care about our family and other loved ones. We do it to make things easier for our loved ones if and when unfortunate events occur. We don’t like to talk about or even think about these issues, but life happens. Let’s take a few minutes to talk about what happens when you don’t have any estate plan in place.

If you become physically or mentally incapacitated to such an extent that you can no longer manage your financial or legal affairs, what do you do? Who can pay your bills? Who can execute legal documents? Without proper estate planning well in advance, a loved one would have to petition the probate court to be appointed a guardian over you.

Here in Ohio that would involve guardianship training, continuing guardianship education, a background check, acquiring a financial bond from a bonding company, filing yearly guardianship accounts and guardianship plans and getting the … Read More... “Why Basic Estate Planning is so Important!”

An Overview of the Purpose of a Guardianship in Ohio

Want To Know How To Become An Effective Guardian? The Power and Duties Of A Guardianship Explained

This article will briefly discuss the basics of what a guardian is, the general powers and duties of guardians, types, and how to become an effective guardian.

Let’s get to the basics:

A guardian can be an individual person, association, or a corporation who is appointed by a probate court in situations where a person is not able to care for him or herself (and no one has custody). Most commonly, guardians are individuals appointed to care for the ward, the person for whom the guardian has been appointed, when that person is a minor or an incompetent or disabled adult. A guardian may be appointed over the ward personally, or over the estate/assets of the ward or over both the person and the estate of the person.

Only a probate court may appoint a guardian but may consider a nomination for a guardian to act for you, a minor, or adult incompetent children. This nomination must be in writing and witnessed by two disinterested individual or be notarized. Family members are given preference under Ohio law to serve as a Guardian, but … Read More... “An Overview of the Purpose of a Guardianship in Ohio”

An Overview of Adoptions, Guardianship and Custody Actions in Ohio

Legal Advice is Essential, if contemplating Adoption, Custody or Guardianship Action

The Legal Caregiver Roles in Ohio: Adoption, Custody and Guardianship. Which Role is Right For Me?

What are the options?

Adoption:

Adoption terminates the legal relationship once held between the biological parent and the child. Anyone looking to adopt must complete a home study to determine potential suitability which includes completing requirements such as: personal interviews, home visits, and adoption education.

Adoption hearings take place in the Probate Court in the county where the child resides, the person seeking adoption resides, or where the natural … Read More... “An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

The Guardianship Versus the Power of Attorney Conundrum in Ohio

An Inexpensive General Power Of Attorney Document May Be All That You Need Instead Of A Guardianship

Many times, I have been contacted by a client or potential client who requests to initiate a guardianship application for a family member because a doctor has diagnosed the family member with dementia and suggested that a guardianship was necessary. However, this is not always the case and additional questions need to be asked and additional options need to be explored before reaching such a conclusion.

I always look at a situation such as this as reaching a fork in the road with two potential routes to take.

GUARDIANSHIP OPTION:

One route is a guardianship. This is a legal proceeding involving the probate court in which a judicial determination must be made that the ward is not competent to handle his or her personal affairs. There is a guardian of the person to take care of the individual and his or her own personal needs and a guardian of the estate to take care of the wards assets. A guardianship should be the option of last resort. It involves court costs and significant attorney fees, a background check of the applicant, bonding by … Read More... “The Guardianship Versus the Power of Attorney Conundrum in Ohio”

Guardian Issues: New Responsibilities Imposed on Ohio Guardians

What Are The Additional Requirements For A Guardian Of An Estate In Ohio?

guardian estate planning While it has always been a great responsibility to serve as a legal guardian for another individual, last year Ohio imposed a number of additional requirements of guardians in an effort to protect the welfare and safety of those wards to whom they serve. These protections are both financial and personal.

An individual can be guardian of the person, guardian of the estate (financial), or more likely guardian of the person and the estate of another individual. Previously, a guardian of the person was required to protect and control the ward, provide suitable maintenance for the ward, make appropriate decisions for the ward, provide education if the ward is a minor and file guardian’s reports with the court. A guardian of the estate was required to file an inventory with the court, deposit money in a financial institution in this state, invest funds in a lawful manner, make and file accounts annually, expend funds only upon written approval of the court and file guardian’s reports.

I addition to these requirements and in order to better protect the ward, all Ohio guardians must complete a six hour course … Read More... “Guardian Issues: New Responsibilities Imposed on Ohio Guardians”

GAL: Proving Your Guardian Ad Litem Is Conducting a Superficial Investigation

Crucial Steps Counsel Can Take To Challenge Investigation Findings From An Incompetent GAL (Guardian Ad Litem)

GAL Guardian Ad Litem investigation A month or so ago I took a trip out to Lake Tahoe for one of my college buddy’s bachelor party. Let me tell you something about Lake Tahoe during the ski offseason, you gamble a lot. And that is what we all did during the weekend. We just gambled and placed bets on various sporting events at the three casinos Lake Tahoe has to offer. I did not go crazy with the bets because my wife would murder me, but I had some fun taking a risk on the uncertainty of will I win or not. Except for when I placed a bet against the Reds during their series with the Pirates. I knew for a fact I was going to make money on that bet.

In any event, I often get that feeling of uncertainty when a Guardian Ad Litem (GAL) is appointed to any of my child custody cases. I know for a fact that the GAL report can make or break my client’s case surrounding custody. So at times, I do feel that it is a gamble on … Read More... “GAL: Proving Your Guardian Ad Litem Is Conducting a Superficial Investigation”

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