Life doesn't always go as planned. When someone becomes incapacitated, there are many matters that loved ones will need to address and may be unprepared to face. For example, it may become necessary to establish guardianships. In this post we will address questions that many may have regarding guardianship.
When is a guardianship necessary?
When an adult becomes incompetent a third party needs to be appointed to be responsible for that person's affairs. While some people plan ahead and name a candidate in legal documents, in other situations in the course of establishing a guardianship, loved ones will need to identify possible candidates.
How is guardianship established?
While guardians may be nominated in a health care power of attorney, financial power of attorney document or last will and testament, ultimately, a probate court will make the appointment. It is possible an association, person or corporation could be named as guardian to the ward. In Ohio, preference is generally given to family members.
There are multiple matters a guardian could be responsible for taking care of. These include managing a ward's:
- Personal affairs
- Health care
The specific tasks a guardian will be responsible for depends on the type of guardianship granted. Those who are guardianship of the person will attend to personal affairs and health care matters. Financial issues are handled by someone who is a guardian of the estate. It is possible that the same person, or entity, could be named to both types of guardianships.
Establishing guardianship or serving as a guardian can be complicated and most people are not equipped to handle these matters without help. Working with a lawyer who has a thorough understanding of guardianship can make the process easier for all involved. The attorneys at the Ohio law firm of Kathryn T. Joseph & Associates, Inc., understand how overwhelming guardianship can be. Accordingly, in addition to serving as guardian for some clients, they help others navigate the system and can even help map out plans on a care level. To learn how they might help you, contact them online or call (888) 335-6650.