Dayton Guardianship Attorneys
Securing Care & Protection for Vulnerable Loved Ones
When your loved one can no longer make personal decisions or handle their finances, it is challenging for everyone involved. They need someone to look out for their best interests. That person may be a guardian.
Under Ohio law, a guardian is a person who is legally appointed to serve the needs of a child or incapacitated adult. (An adult would be considered incapacitated if they are impaired physically and mentally, to the point that they can’t make decisions or manage their affairs.)
Your loved one may need a guardian if they are vulnerable to financial exploitation or is suffering from a disability that makes it impossible to care for him or herself appropriately.
For adults, the need for guardianship arises when they can no longer handle their money or make personal decisions. For persons younger than eighteen, guardianship may be necessary to sell real estate, but it most often comes about when the child receives $10,000 or more, typically through an inheritance or from an insurance company.
Probate Courts oversee guardianships with much scrutiny, thereby making the proceedings complex and virtually assuring that an attorney is needed to represent the guardian.
If you need help with a guardianship matter, contact Lovett & House’s experienced guardianship lawyers in Dayton at (937) 909-0770 today. We are proud to serve clients in Miami Valley and throughout Western Ohio.
Your Family's Peace of Mind is Priceless
Read Our Former Clients' Five-Star Reviews
Our compassionate and through approach to Estate Planning makes a real difference in our clients' lives. Read reviews in their own words below.
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"The Best Customer Service"George and his crew provide the best in customer service and have an outstanding work ethic. They have always been there to help us when needed!- Mark S.
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"He Made It Easy"Bill was very friendly, knowledgeable, and kind. He made Estate Planning fun, fast and easy. We both feel relief to know our wishes are spelled out and our assets are protected!- Sherry C.
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"Peace of Mind"He explained each step 100 percent. He takes the time to talk WITH you, not TO you. I am so thankful I went to his seminar and took advantage of the free consultation.- Rosa S.
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"Made It Easy to Understand"George Lovett made our estate planning easy to understand and informative. He used our personal information to create a plan that was tailor-made to us.- Pamela O.
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"Expertise & Attentiveness"We were very pleased with the service, expertise, and attentiveness we received. We are glad that we choose Lovett & House for this.- Pat D.
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"A Pleasure to Work With"George Lovett has helped my family tremendously. He always explained our options and took care of us with the utmost professionalism.- Marlene W.
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"Easy to Understand"They made it easy to update our estate planning needs. All our questions were answered in easy to understand language and we didn't feel overwhelmed.- Rita S.
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"Very Helpful"he Estate Trust planning was easy to do with the Lovett & House. George H. Lovett and William H. House were very knowledgeable and helpful.- Judith A.
Guardianship vs. Power of Attorney
Many people get confused between guardianship and power of attorney, and understandably so. These two things are very similar. The main difference is that guardianship is often appointed in cases where a person is declared to be incompetent (often, the court appoints a guardian). In other words, they lack sufficient capacity to manage their own affairs or to make or communicate important decisions. For minors who are simply too young to know how to handle many situations, guardianship is the typical solution. In the case of an adult who has lost mental capacity, guardianship could be the best solution.
On the other hand, a power of attorney is great for adults who are still mentally competent but need someone to handle their financial and/or healthcare affairs. The person assigning a power of attorney must understand what they are signing, therefore if the person has already lost mental capacity, the signing over must be done at a point in time when they have temporarily regained capacity. Powers of attorney are granted more independence and trust when it comes to the affairs of the person who is in their care. A power of attorney can make most decisions outside of the court, and their decisions are kept private. Decisions made under guardianship, on the other hand, are heavily supervised by the court. In addition, guardians are required to file an annual report of each expense (any transactions) and all incoming money. All receipts must be compiled and presented to the court. This makes all of that person’s financial affairs public.
How Are Guardians Chosen?
There are a few different ways in which a person gets nominated to be a guardian. In the case of a minor ward that is over fourteen years old, the ward has the ability to nominate a guardian for themselves. In many cases of a minor ward, the guardian may have been nominated in the parents’ will. This can also occur through a power of attorney.
In the case of an adult ward, the person who is to be the ward may nominate the guardian for themselves. If this is not possible, the court will look to family members first.
Our Firm Can Help
Lovett & House has helped many families as they go through the process of appointing guardian. Our attorneys also represent guardians to ensure they understand their duties and fulfill them according to Ohio guardianship laws.
To learn more, schedule a consultation with our Dayton guardianship attorneys by calling us at (937) 909-0770 or filling out our online contact form.
