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Guardianship
Our Attorneys Provide Comprehensive Guardianship Services to Individuals and Families in Ohio, Kentucky and Colorado
Guardianship is the legal process of appointing an agent to care for an individual who is unable to care for himself or herself (this individual is referred to as a “ward”). The guardian’s role is to monitor the ward’s wellbeing and help ensure that the ward is able to live in the most appropriate and least restrictive environment possible with appropriate food, clothing, social engagement and medical care.
Our Guardianship Services
Our attorneys have guided numerous individuals and families through the guardianship process. We know the law in Ohio, Kentucky and Colorado and are sensitive to the difficult emotions that can influence guardianship matters. Recognizing the unique issues involved, we help our clients carefully evaluate their options, and we help our clients choose the path forward that best serves the interests of all parties involved.
Our guardianship attorneys assist with matters including:
Establishing Guardianship
Establishing full or limited guardianship is a formal legal process that requires court involvement. Individuals seeking to establish guardianship must file an application with the appropriate county probate court, and anyone who objects to the proposed guardianship has the opportunity to intervene in the process. Given the significant implications involved, probate judges carefully consider all applications and objections, and they focus on making a decision that serves the best interests of the proposed ward.
Serving as Guardian
Once guardianship has been established, the guardian has several responsibilities. This is true for both full and limited guardianships. Along with caring for the ward, a guardian must also submit regular reports to the court confirming the ward’s physical condition and the proper use of the ward’s assets. Guardians must ensure that they have a comprehensive understanding of what is legally required, and they must ensure that they have adequate documentation to substantiate compliance.
Overcoming Challenges and Resolving Disputes Related to Guardianships
Over time, it is not unusual for issues to arise. We represent guardians, wards and other family members in connection with all types of challenges and disputes. This includes everything from challenges related to the interpretation and execution of guardians’ legal duties to disputes regarding attempts to remove guardians and terminate guardianships.
Considering Alternatives to Guardianship
When an individual becomes incapacitated (or may become incapacitated), the law generally requires that he or she receive necessary assistance through the least restrictive means possible. While this will involve establishing guardianship in many cases, there are alternatives that will be more appropriate in some circumstances. In addition to assisting with guardianship matters, we also assist individuals and families with considering alternatives to guardianship such as:
- Adoption
- Conservatorship
- Joint Account Management
- Living Wills and Medical Proxies
- Powers of Attorney
Speak with a Guardianship Attorney at Rendigs
If you have questions about guardianship in Ohio, Kentucky or Colorado, we encourage you to contact us for more information. To discuss your options with a guardianship attorney at Rendigs in confidence, please call 513-381-9200 or contact us confidentially online today.
