Reliable Representation for Guardianship Matters

Guardianships can be essential to help protect a person and their property if they can no longer care for themselves due to incapacity or disability. A guardianship is a court-ordered arrangement in which one individual is appointed to make decisions for another, and act on their behalf. These matters must be carefully considered in connection with long-term care and estate planning. At Middleton Law Offices, our guardianship attorney team understands the significant impact the appointment of a guardian can have on an individual’s rights — and we are dedicated to counseling our clients in all aspects of the guardianship process.

Guardianship Attorney Handling a Broad Scope of Matters

While an individual can select a guardian to protect their interests in the event of incapacity, a guardian can also be appointed by the probate court. However, it’s important to be aware that proper incapacity planning in advance is preferable to allowing the probate court to make these distinctions. This allows a person to select a family member or friend of their choice who will make critical day-to-day and financial decisions for them — instead of letting a judge decide.

At Middleton Law Offices, we assist clients with an array of guardianship matters, including the following issues:

• Counseling clients regarding selecting a guardian
• Representing the interests of the individual in need of a guardian
• Assisting clients with filing for guardianships
• Contesting guardianships
• Providing counsel to guardians

If you or a loved one is facing a guardianship matter, having knowledgeable counsel is imperative. Guardianship law in Ohio is complex and it’s vital to have a skillful attorney by your side to help you navigate the legal process. At Middleton Law Offices, we are committed to offering our clients sound legal advice when it comes to guardianships to help ensure their interests are protected and unintended consequences are avoided.

Types of Guardianships in Ohio

Guardians may have limited or broad powers depending upon the authority granted to them by a power of attorney or the probate court. Significantly, there are various guardianships that can be used in Ohio, based on the specific facts and circumstances of a case. At Middleton Law Offices, we are adept at counseling clients regarding the different types of guardianships available and helping to resolve any issues that may arise.

Our guardianship attorney team assists clients with matters concerning the following types of guardianships in Ohio:

• Guardianship of the Estate — With this type of guardianship, the guardian is granted the authority to make financial decisions on behalf of their ward.
• Guardianship of the Person — Guardianship of the Person gives the guardian the authority to make personal decisions (except financial decisions) for the ward. These can include decisions regarding medical care, food, clothing, living arrangements, and other daily matters.
• Guardianship of the Person and Estate — This guardianship allows a guardian to make both personal and financial decisions for their ward.
• Emergency Guardianship — An emergency guardianship allows a probate court to appoint a guardian if an emergency exists and a guardian is necessary to prevent injury to the incompetent person. This type of guardianship typically lasts for a total of 72 hours and cannot exceed 30 days.
• Interim Guardianship — An interim guardian may be appointed after a previous guardian has been removed or resigns and immediate action is required for the welfare of the ward.
• Co-Guardianship — A co-guardianship refers to situations in which two people are appointed to act as guardians at the same time.
• Limited Guardianship — Guardianships can be limited in nature for things like medical purposes. This is the least restrictive type of guardianship and should be considered before a full guardianship.
• Conservatorship — A conservator is a person appointed by the probate court at the request of an adult who is mentally competent but is physically incapable of managing certain aspects of their life. This option is less restrictive than guardianship and allows the individual to choose their conservator, dismiss the conservator, and specify the authority they will have.

Since an individual can lose many of their rights when a guardian is appointed, depending upon the type of guardianship, alternatives should be considered first. In some cases, a guardianship might not be necessary — a trust or power of attorney might be able to accomplish the same objectives. Other options that can address an individual’s needs without implementing guardianship can include designating an authorized representative or using a representative payeeship. Our guardianship attorney team takes the time to discuss the alternatives to guardianships and all less restrictive options with our clients.

Contact A Knowledgeable Bowling Green, OH Guardianship Attorney

If you’re thinking about long-term care planning or putting your estate plan in order, it’s important to consider designating a guardian in the event you become incapacitated and cannot make crucial decisions for yourself. At Middleton Law Offices, our guardianship attorney team knows these matters can be stressful and we are committed to providing our clients and their families with the personalized attention they deserve. Contact Middleton Law Offices today at 419.548.0196 for a consultation to learn how we can help.