The Guardianship Versus the Power of Attorney Conundrum in Ohio

Power of Attorney Guardianship

An Inexpensive General Power Of Attorney Document May Be All That You Need Instead Of A Guardianship

Power of Attorney GuardianshipMany times, I have been contacted by a client or potential client who requests to initiate a guardianship application for a family member because a doctor has diagnosed the family member with dementia and suggested that a guardianship was necessary.  However, this is not always the case and additional questions need to be asked and additional options need to be explored before reaching such a conclusion.

I always look at a situation such as this as reaching a fork in the road with two potential routes to take.

GUARDIANSHIP OPTION:

One route is a guardianship.  This is a legal proceeding involving the probate court in which a judicial determination must be made that the ward is not competent to handle his or her personal affairs.  There is a guardian of the person to take care of the individual and his or her own personal needs and a guardian of the estate to take care of the wards assets.  A guardianship should be the option of last resort.  It involves court costs and significant attorney fees, a background check of the applicant, bonding by … Read More... “The Guardianship Versus the Power of Attorney Conundrum in Ohio”