It’s easy to assume that you’ll always be around to care for your children or an adult who depends on you. However, life can change instantly, leaving a vulnerable child or adult without someone to rely on. If you have a child or adult who can’t make sound financial and legal decisions for themselves, you might consider seeking legal guardianship.

Appointing a guardian for your loved one or applying to be a guardian can ensure that a person in need has the legal and financial protections they deserve. It also adds clarity and peace of mind for loved ones concerned about the health and well-being of the person needing guardianship.

What Guardianship Means

Guardianship is what a probate court establishes to ensure personal care, education (if applicable), and medical care for a child or adult who can’t take care of themselves. In the case of an adult, the person seeking guardianship must prove that the adult is “incompetent” to make their own legal, medical, or financial decisions.

A family member or other person the court appoints as guardian takes over care of the “ward.” Once appointed, the guardian resumes control over the ward’s person or estate and must answer to the probate court when managing their affairs.

Duties of a Guardian

Whether you or someone else delegates you a guardian, you need to go through an application that includes an investigation. The court interviews the potential ward, and a formal hearing occurs. The purpose of the hearing is to determine whether guardianship is necessary, that the named guardian is suitable, and that the guardian understands their rights and responsibilities.

Once appointed, a guardian carries a great deal of decision-making power. Depending upon the type of guardianship (person or estate), the Guardian can

  • Handle the ward’s finances
  • Place the ward in a nursing home or care facility
  • Make decisions about medical care, which includes giving or refusing consent for treatment
  • Pays bills on the ward’s behalf

Although the guardian of the estate has considerable power over the ward’s estate, they cannot make any decision without the court’s oversight. For instance, a guardian must

  • Take and keep an inventory of all the ward’s assets and liabilities.
  • Get approval for expenditures they make against the ward’s funds.
  • Keep detailed accounts of receipts and expenditures, which the guardian must report to the court on an annual basis.

What a Cincinnati Guardianship Attorney Can Do for You

Whether you’re delegating a guardian or considering taking on this role yourself, it helps to get advice from a local attorney specializing in guardianships. At Donnellon, Donnellon & Miller, our lawyers can advise you of your rights and responsibilities. They can also help you with the following:

  • Petition or application for guardianship
  • Assist with investigations, reviews, and hearings
  • Represent you or your ward in any legal matter
  • Represent you if you want to challenge or revoke a guardianship
  • Establish accounts from which to pay expenses
  • Prepare expense and income accounting documentation
  • File regular reports

Legal Guardianship Representation in Cincinnati

Regardless of your role in the process, your Cincinnati legal guardianship lawyer at Donnellon, Donnellon & Miller is there to understand your situation and alleviate your concerns. If you want to pursue a guardianship issue but don’t know where to start, you can contact us to schedule an initial appointment. We’ll take a compassionate approach to answering your questions and advising you on the best courses of action.