GUARDIANSHIP
If you believe an adult or minor child in your family requires legal intervention contact Vidovich Law to competently, carefully, and compassionately handle your legal representation. Vidovich Law is based in Columbus, Ohio and represents clients in Franklin County and the surrounding areas.
GUARDIANSHIP INFORMATION:
WHO NEEDS A GUARDIAN?
An incompetent adult as defined by law or a minor child (i.e. any person under the age of 18).
WHO CAN BE A GUARDIAN?
An adult person or corporation who is a resident of Ohio can be appointed guardian.
HOW IS A GUARDIAN SELECTED?
Any interested person may apply to be a guardian, a minor over the age of fourteen may nominate a guardian, parents can nominate a guardian for minor children in their Wills, or an adult may nominate a guardian through a Durable Power of Attorney. The Probate Court, however, makes the final selection of a guardian.
TYPES OF GUARDIANSHIPS:
1. Person and/or Estate – A guardian of the person controls and protects the personal needs of the ward. A guardian of the estate controls and protects the assets of the ward.
2. Limited – The guardian’s authority is limited to specific purposes and the ward retains all powers not granted to the guardian.
3. Interim – When a guardian is no longer able to serve or is removed an interim guardian can be appointed, without notice to the ward or the ward’s family, until a hearing can be held to appoint a successor guardian.
4. Emergency – In an emergency the Court may appoint a guardian without notice to the ward or the ward’s family. The emergency guardian shall serve for a short period of time to protect against significant injury to the person or estate of the ward.
HOW ARE GUARDIAN FEES CALCULATED?
Guardian fees are determined by the Probate Court’s Local Rules and must be approved by the Court before the fees are paid.
HOW IS A GUARDIANSHIP TERMINATED?
The guardianship will be terminated upon the death of the ward, upon the ward being restored to competency, or, in the case of a minor, upon the ward attaining the age of eighteen. An adult ward may also file a motion to evaluate the continued necessity of the guardianship.
WHAT IS A CONSERVATORSHIP?
A conservatorship is a voluntary court supervised relationship in which a mentally competent but physically infirm adult applies to the Probate Court to appoint a conservator to care for the applicant’s person, property, or both. The conservator may be selected by the application but is subject to the approval of the Probate Court. A conservatorship is terminated if the Court determines the conservatee has become mentally incompetent, the conservatee passes away, or by written notice of termination by the conservatee.
Please call us today at (844) 529-8436. We are happy to answer any questions you have.
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