Guardianship Attorney Columbus Ohio
A guardian is assigned by the Probate Court in a case when a person is no longer able to care for or protect themselves. The court-appointed guardian then oversees the legal and financial affairs of the individual. Elderly family members, a person with a severe physical or mental disability or a minor under 18 years old may be in need of the protection a legal guardian provides. If you are concerned about a loved one’s ability to manage their personal or financial affairs on their own, contact our office in Columbus, Ohio for a free consultation and to review your options. As a Former Probate Court Magistrate, Thomas regularly heard guardianship matters and can now guide you through your alternatives and decisions.
When a Caretaker Needs To be Appointed
To Act in The Best Interest of Those Who Can No Longer Protect Themselves
There are many circumstances in which an individual may need a legal guardian. For example, in the case of an accident causing severe injury or death of a parent, a
child may need the care of a legal guardian. Guardianship may also be issued for these reasons:
- To care for elders. If an elderly family member is no longer able to manage their personal and financial affairs and is not competent to sign a power of
attorney, you will need to be assigned their guardian in order to place them in a nursing home or even just pay their bills.
- To care for a disabled child. If your child is disabled, you need to be named their guardian in order to make decisions for your child.
- To manage money for minor children. If your child under 18 years old inherits money or receives money from a life insurance policy or lawsuit, you must be assigned as their guardian to manage the funds until they are 18 years old.
Anyone may apply to become a guardian, but preference is typically given to family members. In each case, the Probate Court will make the decisions regarding who will become the legal guardian. The Probate Court is also the superior guardian, and the person chosen to be a guardian is required to obey all orders of the Court.
When choosing a guardian or becoming one yourself, it’s important to understand the role of a legal guardian. Ideally, the guardian will have a positive relationship with the individual in their care and frequently talk to or spend time with that person. The guardian must also act on the individual’s best interests. The guardian should care about the individual’s well-being and, if managing their finances, do so responsibly. Hiring a licensed Columbus guardianship attorney is a great way to learn more about the law in Ohio and receive help in the guardianship process from lawyers with years of experience.
When there is a concern with the Guardian and/or if you wish to contest guardianship
What to do if you believe a Guardian is mismanaging funds, concealing assets or breaching their fiduciary duty.
The duties of a legal guardian will often include managing the ward’s finances or property. Failure to do so properly can be a breach of fiduciary duty. In addition, the guardian can be liable for any money that is misspent or any assets that are unaccounted for. In this case, lawyers experienced in guardianship law can help. Licensed Ohio attorney Thomas Taneff can help families contest applications for guardianships, or file breach of fiduciary duty claims against a guardian that you suspect may have mismanaged or stolen funds. If you believe someone is trying to wrongfully seize assets from someone you love or mismanaging their money, you need a licensed attorney to look out for your interests. We are experienced in litigation stemming from all aspects of guardianship law. Contact us for a free consultation and to answer your questions today.
Taneff Law Can Help
Our law firm serves clients throughout the state of Ohio, specifically the Columbus metro area, including Dublin, Worthington, Westerville, New Albany, Gahanna, Reynoldsburg, Pickerington, Canal Winchester, Grove City, Hilliard, and Upper Arlington, as well as Franklin County, Delaware County, Knox County, Licking County, Fairfield County, Pickaway County, Madison County, and Union County in probate and estate administration. In adoption law matters, we serve the entire State of Ohio.
If you are in need of an experienced Probate Attorney in a Guardianship law matter in the Columbus, Ohio area, call us today for a free consultation: (614) 241-2181.
There Are Different Types of Guardianship
Guardianship law in Ohio allows for a number of different types of guardianships.
- A Guardian of the Person is assigned to protect and have physical custody of an individual and provide for their day-to-day needs, paid from the ward’s assets.
- A Guardian of the Estate is assigned to manage the property and financial assets of an individual for the ward’s best interests.
- A Limited Guardian is a guardian whose powers are specifically limited by the probate court.
- An Interim Guardian is assigned after a former guardian is temporarily or permanently removed or has resigned.
- An Emergency Guardian is assigned by the Probate Court without a formal hearing and is necessary to prevent immediate injury to the person or property of the ward.
- A Conservator is a person assigned by the Probate Court at the request of a mentally competent adult who is physically unable to manage certain aspects of his or her life.
Why you should hire a Columbus guardianship attorney
Each type of guardian has certain obligations or liability. Hiring a Columbus guardianship attorney who is knowledgeable in this field is critical. There’s a lot to know when it comes to guardianship law in Ohio, and it can be overwhelming to try to learn it all on your own. A licensed guardianship attorney can help you understand your responsibilities as a legal guardian and how to fulfill them. Such professional advice can help save you from making decisions that would result in injury or other negative impacts on the person you’re looking after.
Columbus Attorney Thomas Taneff has more than 33 years experience helping people through the guardianship process and is highly experienced in all aspects of guardianship litigation. Contact us for a free consultation to discuss your case and individual needs.