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Englewood Guardianship Attorney
Guardianships take away another individual’s ability to make their own life decisions, therefore, it is always the best course of action to make sure less restrictive options have been explored prior to applying for guardianship. The person for whom guardianship is sought is called a “ward.” The guardian is the person approved or appointed by a court to be legally responsible for another’s property, finances, or to make decisions about the individual’s personal needs. Usually, the ward is an individual who has a mental or physical disability that prevents them from managing his or her own affairs or a minor.
The court may award broad, far-reaching powers to the guardian, or could significantly limit those powers, depending on the situation. Guardianships should always be a matter of last resort; limited guardianships can accomplish the same thing—providing protection in the areas needed by the individual—while still allowing the person certain decisions over their own life. Some options that are less restrictive than guardianship include:
- Representative Payeeship or Authorized Representative—This can be helpful when an individual’s only significant income comes from government benefits. This allows the Representative Payee to manage the individual’s financial needs, such as ensuring the rent and utilities are paid and groceries are bought before giving the individual spending money.
- A Trust can be used in some cases to replace a guardianship, allowing the trustee to handle financial affairs for the individual.
- Conservatorships are appointed by the probate court for those who are mentally competent yet may be physically unable to manage certain aspects of their life.
- Adult Protective Services for Adults with Developmental Disabilities provides protective services for adults with intellectual or developmental disabilities who is unable to protect themselves.
- A Power of Attorney is a legal document that gives one individual authority to act on another’s behalf. A Power of Attorney document can be revoked at any time.
Having an experienced guardianship attorney to help you determine whether guardianship is necessary—and if so, how to go about obtaining the guardianship—can be invaluable when the situation arises. If you are an Englewood resident, you probably enjoy the small-town atmosphere as a suburb of Dayton. Englewood residents consider their city a great place to work, live, and raise a family, but may, at some point, need to consider guardianship for a loved one. A knowledgeable Lovett & House attorney can help you navigate through the guardianship process in the best way possible.
Why Choose an Englewood Guardianship Attorney from Lovett & House?
Guardianships are closely scrutinized by the courts, and the proceedings can be complex. This means it is imperative that you have an experienced guardianship attorney from Lovett & House as your legal advocate throughout the process. We will answer all your questions, clearly lay out your options, then help you choose the best option for your unique situation. Lovett & House has more than 100 positive Google reviews—our satisfied clients are our best advertisement. We have handled Guardianships for adults and minors across several counties in Ohio. If you believe someone you care about requires guardianship, take advantage of our free, five-minute consultation phone call. We will assist you in the best way possible, taking much of the stress out of the situation.
What Happens at a Guardianship Hearing?
When Guardianship is requested, the court will set the matter for a hearing. If there are no objections, and everyone is in agreement that guardianship is necessary, a letter of guardianship will be awarded. If there are objections—including from the person who would become the ward—then the hearing becomes more like a trial. Witnesses will be called, examined, and cross-examined in order for the judge to ensure they have all the facts.
The proposed ward has the right to be present at the hearing, to be represented by an attorney, and to prevent his or her personal physician from testifying against him or her. The proposed ward also has the right to an independent evaluation. Just as a judge can award guardianship, a judge can also terminate the guardianship if it becomes apparent the individual does not need a guardian, or if it is found that the guardian is mismanaging the ward’s affairs.
Are There Different Types of Guardianships?
There are many different types of guardianships including the following:
- Guardianship of the Estate gives a guardian the authority to make all financial decisions for another individual.
- Guardianship of the Person allows the guardian to make normal, day-to-day personal decisions on behalf of another individual—but not financial decisions. Personal decisions can include consent for medical care or medical treatments, living arrangements, arrangements for food and clothing, educational decision, and even recreational decisions.
- Guardianship of Person and Estate grants the guardian the right to make both personal and financial decisions on behalf of the ward.
- Emergency Guardianship can occur when a court believes the individual or their estate could suffer injury without the guardianship. An emergency guardian is only in charge of the ward for a maximum of 72 hours—which can be extended to thirty days—then a permanent guardian will be appointed, or the guardianship will be terminated.
- An Interim Guardianship may be necessary when the welfare of the ward requires immediate action—usually when a former guardian resigns or has been removed.
- Limited Guardianship allows a guardian to take control of only a certain portion of an individual’s life where there is a clear need. This limited guardianship could encompass medical issues, personal issues, or financial issues.
How Can an Experienced Englewood Guardianship Attorney from Lovett & House Help?
If you believe a loved one could benefit from guardianship but are not sure how to set the process in motion, the attorneys at Lovett & House can help. We know all the legalities associated with guardianships and can help you avoid some of the more common pitfalls. Having a strong legal advocate in your corner during the guardianship process can truly make a difference in the eventual outcome. Don’t wait—contact Lovett & House today.