600 E. Smith Road, Medina, OH 44256

Medina, OH Guardianship Lawyer

Orrville conservatorship attorney

Attorneys Helping Establish Guardianship for Children or Adults in Brunswick and Wooster

Parents have the legal right to make decisions for their own children. However, there are also times when a person becomes responsible for other children or for adults who are disabled or unable to care for themselves. In these cases, it can be beneficial to establish legal guardianship, which gives a guardian the right to make decisions for a person who is in their care.

At The Law Offices of Andrew M. Parker, LLC, our attorneys have more than 21 years of combined legal experience, and we can assist you in establishing guardianship for a minor child or disabled adult. We can also address guardianship concerns as part of the overall estate planning process, ensuring that you will have the care you need no matter what happens in your life.

Guardianship in Ohio

Under Ohio law, a legal guardian is a person who is appointed by a probate court to provide care for a minor child or an incompetent adult. The person under the guardian's care is known as a "ward," and a guardian will have the right to make certain decisions for the ward. The decisions the guardian can make depend on the type of guardianship:

  • Guardianship of the person - This type of guardian can make decisions about the ward's health care, medical care, housing, education, and daily personal needs. As directed by the court, a guardian of the person for an adult must file a guardian's report that includes information such as the ward's place of residence, the frequency and nature of the guardian's contact with the ward, the ward's physical and mental condition, and statements by a doctor, psychologist, counselor, or social worker regarding the need for continued guardianship.
  • Guardianship of the estate - This type of guardian can make decisions about the ward's finances and property. As directed by the court, a guardian of the estate is required to file an account detailing any changes to the estate, including gains, losses, disbursements, and distributions. In some cases, a company or organization may be appointed as a guardian of the estate. 

A person can be appointed as a guardian of the person, guardian of the estate, or both. A guardian may be appointed for a minor child if the child's parents are deceased or if they are unable or unwilling to care for the child. A guardian may be appointed for an adult if they are ruled "incompetent," meaning that they are unable to care for themselves because of disability, physical or mental illness, or substance abuse.

In many cases, a ward will not be able to choose their guardian. The ward does have certain legal rights and will be appointed legal counsel. A person may nominate a guardian for themselves when creating a durable power of attorney for health care or when creating a durable general power of attorney. In addition, an adult who is mentally competent but physically unable to care for themselves either temporarily or permanently may petition for conservatorship. This will allow them to choose the person to be named as their conservator and limit the authority the conservator will have as a guardian of the person or guardian of the estate.

Contact a Medina County Guardianship Attorney

If you would like to be appointed as the guardian of a minor or adult who is in your care, or if you would like to name a guardian for yourself or a family member, it is essential to be represented by an attorney in guardianship proceedings. Our skilled lawyers can help you meet your legal requirements and address your concerns, ensuring that your needs are met and your rights are protected. Contact us at 330-725-4114. We offer free consultations in most cases. We serve clients in Wadsworth, Rittman, Wooster, Akron, Brunswick, Fairlawn, Barberton, Rittman, Orrville, and surrounding areas.

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