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Experienced Eaton, Ohio Guardianship Lawyer
Several notable people hail from Eaton, Ohio, including William Stephens, a former mayor of Los Angeles, and the 24th governor of California. Kent Vosler, a diver in the 1976 Olympics, and Jane LeCompte, a novelist who has written more than twenty Romance novels are both from Eaton, as was Andrew L. Harris, a Civil War general and former governor of Ohio. Approximately 8,400 people reside in Eaton, which is located in Preble County—and is the county seat as well. Eaton is located about 24 miles west of Dayton, Ohio, and Indianapolis is only about an hour and a half away.
Eaton was first platted in 1806, named for General William Eaton. Various streets in Eaton were named for other heroes from the First and Second Barbary Wars (Somers, Wadsworth, Israel, Decatur, and Barron, to name a few). Eaton has a total area of a bit more than six square miles, located strategically at the junction of two turnpikes. Eaton has certainly had its share of bad luck, however—a cholera outbreak in 1849, and a fire that destroyed thirteen business establishments in 1859, and has had to rebuild from both of those tragedies.
Eaton has many lovely parks in the area, including Ft. St. Clair—a nearly 77-acre park with plenty of picnic tables, an outside fireplace with seating, large open grassy areas for the children to play, and large wooded areas for hiking. The Brooke-Gould Memorial Tennis Complex on West Lexington Road offers a basketball court, a sand volleyball court, five softball fields, and five tennis courts. The Main Street Aquatic Center has a large pool, a smaller pool, a water slide, and a diving board. Those looking for a great steak and seafood restaurant will enjoy the Bison and the Boar.
Serving the Guardianship Needs of Eaton, Ohio Residents
If you need to petition the court for a guardianship, or you have been appointed as a guardian, you could benefit from speaking to an attorney at the Lovett & House law firm. When a guardianship of a minor is involved, it is essential that you are represented by an experienced estate planning and probate attorney who can assist with the application for guardianship or object to the appointment of a person or entity as a guardian. An attorney from Lovett & House can argue your case in court and may even be able to present alternatives to guardianship that will involve less court interference. The Lovett and House legal team will work hard to ensure the best possible outcome for your guardianship case.
What Does Eaton, Ohio Guardianship Entail?
Guardianship in Ohio is a court-ordered relationship in which an adult is authorized to serve on behalf of another adult person or a minor. While the guardian for an adult that is disabled is usually a parent, this is not a requirement. In a guardianship situation, the ward loses certain rights as well as the ability to act for herself or himself. The type of guardianship will determine what those rights might be.
A guardianship is meant to protect the rights of a person who cannot manage his or her own affairs because of chronic substance abuse, mental deficiencies, a physical illness, or a mental illness. The guardian is charged with protecting the physical health of the ward, as well as the finances of the ward. In Ohio, probate courts have jurisdiction over guardianship cases as well as the authority to both appoint and remove a guardian. The ultimate goal of the court is to appoint a guardian who will serve the ward’s best interests.
In a Guardianship of the person, the guardian will be responsible for the mental, physical, and moral well-being of the ward. This entails being in control of the ward’s physical safety and well-being, his or her medical care, education, and even the diet of the ward. A guardian of the person also serves as a guardian to minor children when a guardian was not appointed by a deceased parent. The guardian of the person is charged with submitting reports on a regular basis to the probate court. These reports will include details of the ward’s physical or mental condition when the ward last saw a doctor and the grounds for continuation of the Guardianship.
In a Guardianship of the estate, the guardian is appointed to manage and conserve the ward’s assets, keeping the ward’s best interests at heart. In this situation, the guardian is a fiduciary and must file a complete inventory of real and personal property belonging to the ward, including the value of that property. Any debts of the ward must be paid from the ward’s estate, and debts owed to the ward are to be collected by the guardian. If it is in the best interests of the ward, the guardian may initiate a lawsuit, and if a lawsuit is filed against the ward, the guardian must help defend the ward’s interests.
Are There Alternatives to Guardianship?
Even when an adult has a disability, a Guardianship may not be necessary, and it is up to the Ohio court to determine whether a less restrictive alternative exists. Under those alternatives, the individual with a disability would voluntarily give another person the authority to act for him or her but would retain his or her rights. If the adult is capable in some respects but needs help in others, this might be a much better choice than Guardianship.
How an Eaton, Ohio Guardianship Attorney from Lovett & House Can Help
Guardianships can be complex. Therefore, one may greatly benefit from having a Lovett & House attorney help explain the process, as well as the pros and cons. Legal guardians can be nominated in advance in an individual’s will, power of attorney, or health care directive or an individual could seek guardianship of a person felt to be disabled in some way.
Guardians must always be approved by the court, and family members can object to the applicant as unsuitable or motivated by self-interest. The lawyers at Lovett & House can represent the applicant, the ward, or a third party in a contested guardianship proceeding. Contact Lovett & House today at 937-667-8805 for answers to your guardianship questions or help in a guardianship issue.