Knowledgeable Cleveland Estate Planning Attorneys Can Assist You with Guardianship and Conservatorship
Helping individuals and business owners throughout Ohio with their estate planning needs
Ohio probate courts appoint guardians and conservators to protect the interests of individuals classified as legally incompetent. Though the ultimate decision is made by the court, an experienced Cleveland estate planning attorney provides valuable assistance with the process. Whether you seek a conservatorship or guardianship for your family member, the knowledgeable attorneys of Gertsburg Licata will help you identify the best solution for your situation and propose a plan designed to protect your loved one’s best interests.
The role of the guardian and conservator
Courts appoint guardians and conservators to assist vulnerable individuals, legally referred to as wards. Guardians are appointed for individuals who are adjudicated as mentally incompetent. Conservatorship appointments occur in cases where individuals are physically incapacitated but mentally competent. These parties are generally given control over decisions regarding the ward. Some of the general duties of a guardian include:
- Collection of funds owed to the ward
- Payment of the ward’s debts and financial responsibilities
- Ensuring that the ward is appropriately cared for
- Assuming a fiduciary role over the ward’s assets
- Securing a defense for the ward against lawsuits
- Filing accounting records with the court on a regular basis
- Selling the ward’s assets if necessary for the ward’s care
Guardians handle numerous responsibilities. From the perspective of the ward, it is important to have an individual who is trustworthy and places the interests of the ward first.
The seasoned estate planning lawyers at Gertsburg Licata will help guide you through the process of application, appointment, and administration of the guardianship or conservatorship.
Assistance with the various guardian types
- Limited guardian.With this type of guardianship, the court limits the guardian to a particular task or limited time period. Any responsibilities not delegated by the court remain with the ward.
- Interim guardian.Interim guardians are appointed when an initial guardian is removed or resigns from the position.
- Emergency guardian.The guardianship appointment usually occurs after the commencement of a formal hearing. However, when emergency situations arise, the court can appoint an emergency guardian to immediately handle the ward’s affairs.
If you are the family member of a potential ward, our skilled Cleveland estate planning attorneys help you identify which guardianship option best meets your loved one’s needs. Ohio courts tend to favor family members when choosing a guardian. If you are willing to take on this role for your loved one, our attorneys can also assist you in this endeavor.
Choosing a guardian or conservator for your loved one is a big decision. Let us put our knowledge and skills to work for you!
The attorneys of Gertsburg Licata offer our clients years of knowledge and experience. Our team assists residents of Cleveland, Ohio with guardianship and conservatorship matters. Call our office today at 216-573-6000 or complete our contact form to schedule an appointment.