When your loved one is no longer able to make personal decisions or handle his or her finances, it is challenging for everyone involved. He or she needs someone to look out for his or her best interests.
That person may be a guardian.
Under Ohio law, a guardian is a person that is legally appointed to serve the needs of a child or incapacitated adult. (An adult would be considered incapacitated if he or she is impaired physically and mentally, to the point that he or she can’t make decisions or manage his or her affairs.)
Your loved one may need a guardian if he or she is vulnerable to financial exploitation or is suffering from a disability that makes it impossible to care for him or herself appropriately.
If you believe that someone you care about needs a guardian, it’s important to contact an attorney.
Guardianship is a serious matter, and courts are hesitant to appoint a guardian unless necessary. Because a guardianship takes away the rights of a person to make personal and financial decisions, the court must determine that the adult is, in fact, incapacitated and that the person petitioning to be his or her guardian is capable of handling the responsibility.
There are different types of guardianships that cover both time and responsibilities. Guardianships may be temporary or permanent. The guardian may be responsible for handling all of the person’s affairs, or he or she may only be permitted to handle certain aspects (financial or medical, for example) of the person’s affairs.
Due to the complexity of the guardianship process, it is helpful to speak to a Dayton, OH elder law attorney. A lawyer can help you determine whether or not a guardianship is needed and the type of guardianship that will serve the best interests of your loved one. He or she can work with you to make sure that the process goes as quickly and smoothly as possible.
If you need help with a guardianship matter, contact the experienced elder law attorneys at Lovett & House Co., LPA in Dayton, OH today. We would be more than happy to let you know your options.