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Guardianship And Conservatorship Attorney In Ohio

In Ohio, a conservatorship is a voluntary relationship whereby one party, known as a conservator, acts on behalf of a mentally competent, but physically unable adult under the supervision of the probate court. A conservatorship deals with the estate, personal property, and other business affairs of an individual. The process is initiated when a petition is filed with the probate court.

The probate court will hold a hearing, whereby the judge will evaluate the petition, ensure that the conservatorship is being sought voluntarily and that the person being appointed is able and qualified to act on behalf of the disabled individual. The conservatorship ends upon the disabled individual preparing a written termination notice and filing it with the court within 14 days of the date it was signed. Additionally, if the disabled individual dies or is found mentally incompetent, the conservatorship will end.

What Is Guardianship?

Guardianship is the court-supervised process where a qualified person is appointed to manage the affairs of another. The person subject to guardianship is known as the ward. Guardianship is only established if the ward is declared mentally incompetent. If the ward is competent, then something like a power of attorney or conservatorship can be established.

The process where someone is subject to guardianship proceedings can be voluntary or involuntary. Sometimes a person does not understand or want to admit how bad things have gotten. Additionally, when a guardian is appointed, the ward loses many personal rights.

When filing for guardianship, the petitioner can seek to be either the guardian of the ward’s person or his or her estate. Additionally, the petitioner can only request a temporary or limited guardianship for a specific purpose. Otherwise, once established, a guardianship does not typically end unless the ward regains competency, passes away or has no assets left to manage.

All in all, it’s complex. People often want to avoid guardianship if possible due to the costs, court intrusion into family affairs and embarrassment of having to go to court and testify in such a state. If you have questions about guardianship or the alternatives that are available, give us a call at Legacy Law Firm, LLC. We will review your situation and help you determine the best way forward.