Want To Know How To Become An Effective Guardian? The Power and Duties Of A Guardianship Explained
This article will briefly discuss the basics of what a guardian is, the general powers and duties of guardians, types, and how to become an effective guardian.
Let’s get to the basics:
A guardian can be an individual person, association, or a corporation who is appointed by a probate court in situations where a person is not able to care for him or herself (and no one has custody). Most commonly, guardians are individuals appointed to care for the ward, the person for whom the guardian has been appointed, when that person is a minor or an incompetent or disabled adult. A guardian may be appointed over the ward personally, or over the estate/assets of the ward or over both the person and the estate of the person.
Only a probate court may appoint a guardian but may consider a nomination for a guardian to act for you, a minor, or adult incompetent children. This nomination must be in writing and witnessed by two disinterested individual or be notarized. Family members are given preference under Ohio law to serve as a Guardian, but anyone may petition the court to become the appointed guardian of the person. A guardian of the estate must be an Ohio resident. Once appointed, the guardian must answer to the court for the proper care of the ward and entrustment of the affairs of the ward.
Generality of powers and duties:
A guardian of the person is appointed to make personal decisions for the ward such as where they will live, their healthcare, education of a minor and management of assets to name a few. However, a guardian’s control over a ward is limited to the authority granted by Ohio law and rules of the probate court. The probate court will often give a guardian unlimited authority to act but may deny or restrict any particular authority (i.e. spending the ward’s funds).
- Guardian’s inventory: a guardian of the estate must file within three months after appointment an inventory of the ward’s assets of both their real and personal property, their values, and the ward’s annual income. A probate court may request this be supported by evidence or further conduct an investigation to verify the accuracy.
- Guardian’s account: a guardian of the estate must file an account at least once every two years with the probate court that includes an itemized statement of all receipts, disbursements and any distributions made from the estate of the ward. Also, an itemized statement of all funds, assets, and investments in the hands of the guardian at the end of the accounting period or any changes since the last account was filed. This account must be verified for examination by signature or oath of the guardian.
- Guardian report: A guardian must file a guardianship report biannually, if not annually, as well as a guardianship plan as an addendum to the guardian’s report, to update the court on the ward’s well-being and any major changes in mental or physical health. This report and plan helps the court to oversee the well-being of the ward and the necessity for the continuation of the guardianship. Usually an updated ‘statement of expert evaluation’ must accompany this report unless the court says otherwise.
Types of guardianships:
There are many different types of guardianships:
- Limited: a guardian whose power is limited to a particular purpose and/or for a definite time.
li>Interim: a guardian appointed after a former guardian either resigns or was temporarily or permanently removed from their appointment. - Emergency: a guardian appointed without a formal hearing to prevent imminent injury to the ward or to the estate of the ward.
- Conservator: a guardian appointed for a mentally competent but physically incapacitated adult.
How to be the most effective:
To be the most effective guardian you must be aware of legal powers and duties you hold in order to perform them accurately and efficiently. It is also key to obtain as much knowledge about the ward and maintain direct and frequent communication in order to have a positive relationship that allows for success of their best interest.
A lawyer can help you understand and fulfill your legal duties if you are appointed as a guardian. Ohio’s laws concerning appointment and conduct are not simple and therefore requires legal expertise to help you avoid any missteps that may be detrimental to a ward or their family.
Guardianship Help From A Trusted Law Firm
Our experienced Dayton guardianship lawyers at Holzfaster, Cecil, McKnight & Mues are here for you. We can assist you with better understanding of guardianship! To learn more, please go to our website at www.hcmmlaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to helping you!
More information can also be found at (https://codes.ohio.gov/ohio-revised-code/chapter-2111).
PUBLISHER’S NOTE:
I want to thank Madeline Howell for her assistance in drafting this article. Madeline has completed her first year of law school at the University of Dayton School of Law. She has been interning with Holzfaster, Cecil, McKnight & Mues for the summer. Thanks again Madeline!
© 2021, Ohio Family Law Blog. All rights reserved.
Joseph Balmer manages the Probate, Trust and Estate Administration department at Dayton, Ohio, law firm, Holzfaster, Cecil, McKnight & Mues, and has been certified by the Ohio State Bar Association as a specialist in Estate Planning, Trust and Probate Law since 2006.
