Experienced Troy, Ohio Guardianship Lawyer
A Troy, OH Guardianship is a proceeding in which one individual handles the affairs of a minor, or of an incapacitated adult. An adult who is unable to handle their own money or make personal decisions could require a Guardian. A minor child who receives $25,000 or more (usually from an inheritance or from an insurance company), may require a Guardian, and a minor always needs a Guardian to sell real estate. A Guardianship that involves money is known as a “Guardianship of the estate,” while a Guardian who handles non-financial affairs is known as a “Guardian of the person.” Guardianships are closely scrutinized and can be complex, usually requiring a Troy Guardianship attorney to assist.
The town of Troy has about 26,000 residents and is about 19 miles north of Dayton, in Miami County. Troy is well-known for the annual Troy Strawberry Festival, which began in 1977. Craft and food vendors line the streets and as many as 100,000 visitors flock to Troy to enjoy the festivities. Aviation is a large part of Troy’s history; the Weaver Aircraft Company (WACO), began in 1919 and was the largest manufacturer of civil aircraft in the late 1920s and 1930s.
Charles C. Hobart founded three Troy businesses: The Hobart Brothers Company, Hobart Cabinet Company, and the Hobart Electric Manufacturing Company. Hobart Brothers became a mainstay in the welding industry, opening a welding school in 1930. Hobart Electric Manufacturing Company became an anchor in the food equipment industry, and Hobart Cabinet Company manufactured cabinet and office furniture. Residents of Troy experience all the same estate planning issues as those across the nation, including Guardianship issues.
Why Should You Choose a Troy Guardianship Attorney from Lovett & House?
Because Guardianship issues can be so complex and confusing, legal assistance is virtually a requirement. At Lovett & House Co., LPA, we understand that you have choices, and we hope you will consider our highly experienced estate planning attorneys. We have more than 100 positive Google Reviews, along with decades of knowledge and skill. We are Board-Certified Specialist by the Ohio State Bar Association and offer a free 5-minute phone appointment. Our office has handled Guardianships for adults and minors in Troy, and in other Ohio counties. We can answer all your questions about Guardianships in a comprehensive manner.
What is Guardianship?
As noted above, Guardianship is a relationship whereby one individual (the Guardian) is appointed by the court to make decisions and act on behalf of another individual (the Ward). The Ward could be a minor in need of protection or could be an adult who is unable to make financial or other decisions on their own. In some cases, the Ward can be an elderly family member who is no longer able to manage their personal and financial affairs—and is not considered competent to sign a Power of Attorney form.
Who Can Be Named a Guardian?
While virtually anyone over the age of 18 can apply to become a Guardian, preference is usually given to family members. Whether you are choosing a Guardian or becoming a Guardian, it is extremely important that you understand the legal issues associated with Guardianship. A Guardian is expected to always act in the best interests of the Ward, responsibly managing the Ward’s finances. Since money is often involved in a Guardianship, the potential for misuse of funds is present. When a Guardian fails to manage the Ward’s finances in a responsible manner, with the best interests of the Ward at the heart of every decision, he or she could be found in breach of fiduciary duty. In addition to helping those who need a Guardian and those who have become a Guardian, a Troy Guardianship attorney from Lovett & House can help families who suspect a Guardian has mismanaged or stolen funds to contest the Guardianship.
What is the Troy, OH Guardianship Process?
If you want to become a Guardian, you will either file an Adult Guardianship Application or a Minor Guardianship Application. Once filed, your application will be set for a hearing. If the application is for an adult, then notice will be given to the proposed Ward, along with notification to the Ward of his or her rights. The proposed Ward may contest the application, attend the hearing, have a record of the hearing made, and may introduce other alternatives to the Guardianship. The proposed Ward has the right to attorney representation, the right to have a friend or family member attend the hearing, and the right to have an evaluation by an independent expert introduced at the hearing. The court will review the application and hear evidence to determine whether a Guardianship is necessary. If the application is granted, the court will issue Letters of Guardianship.
FAQs Regarding Guardianship in Ohio
What are the different types of Guardianship?
In addition to a Guardian of the Person and a Guardian of the Estate, a Limited Guardian has powers that are specifically limited by the probate court. A Conservator is assigned by the court at the request of a mentally competent adult who is physically unable to manage specific aspects of his or her life. An Emergency Guardian is assigned by the court absent a formal hearing, to prevent immediate injury to the Ward’s person or property. An Interim Guardian is assigned when a prior Guardian resigns or is removed.
When does a Guardianship end?
A Guardianship for a minor can end once the minor turns 18. An adult Guardianship of the estate ends when all the property belonging to the Ward has been spent, and the Guardian’s final account is court-approved. An adult Guardian of the person ends when the ward is restored to competency or dies, or when the Guardian resigns, dies, or is removed by the court.
How a Troy Guardianship Attorney from Lovett & House Can Help
Guardians have many important responsibilities, although their primary responsibility is to make decisions that are always in the best interests of the Ward. Guardians must file specific reports to the court on a regular basis. The highly-skilled Guardianship attorneys at Lovett & House can guide you through the entire Guardianship process in the best way possible. We have plenty of knowledge and experience that will make your Guardianship process easier. If you need a Guardian, have been named as Guardian, or want to become a Guardian, contact the Lovett & House attorneys today.
