Ohio Guardianship And Conservatorship Legal Questions

In Ohio, the age of majority, or the age at which a person is legally considered an adult, is 18 years old. This means that at 18, individuals gain control over their own actions and affairs and are generally held responsible for their decisions. You're 17 now. Why don't you just wait until you're 18 and at that point you're an adult and can be automatically emancipated.           ... Read More

See Section 2112.21 of the Ohio Revised Code for the requirements that must be met in order for an Ohio Court to have jursidiction to establish a guardianship.  If his residence is in fact in Warren County, then that is likely the probate Court that you would need to file with. All in all, you will likely need to get an attorney on board to assist you with the process and sort things out. Best of luck.... Read More

You will need to file a petition for guardianship with the probate court in the county where your grandson lives.  Depending on the County, you typically have specific forms which need to be used.  The overall process is somewhat complicated.  You can check on the webpage for the Supreme Court of Ohio for some basic guidance.  The local probate court rules may be of assistance as well. Best of luck.... Read More

Whether a parent can be paid for providing services to a disabled child varies with the Medicaid and Medicaid-waiver services which the disabled child is receiving and with the parent's eligibility based on work eligibility, training requirements and whether the payment is made directly or through a home health care agency which employs the parent.  Please contact a local lawyer focusing on special needs planning.  You can find one through the website of the National Academy of Elder [and Special Needs] Law Attorneys (www.naela.org).... Read More

A court, not your uncle, has the power to put someone under guardianship. If you think the lawyer erred in finding your father-in-law competent to sign a Will, ask a physician to examine him.  Note that the physician may find he cannot do so now but it may be difficult to determine whether he could have done so when he signed.  ... Read More

In most states you can object to a guardianship without a lawyer but need a lawyer to apply to become guardian yourself. You can "answer" the application for guardianship by writing a letter to the court.  Include the information that you are trying to secure legal representation but could not get an appointment before the hearing date and ask that it be continued (postponed).... Read More

You should be represent by an attorney.  While the physician may sign a Physician's Certificate of Medical Examinaiton, this is not sufficient.  Guardianship is a court proceeding in which your brother should also be represented by an attorney:  it takes away some of his rights.  This is definitely not a DIY project, nor is administering the guardianship estate.... Read More

Seek the assistance of a lawyer right away. By signing a Power of Attorney, your mother named another person to make decisions for her when she cannot make them herself. This person is obligated to act in your mother's best interest. A lawyer can help you determine whether or not this person is abusing the power. If he is abusing the power, you can file an action in court to remove him as her agent. You also may be able to apply for guardianship of your mother. A lawyer can help you choose the best option for your situation. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

In Ohio, you can be appointed a guardian of the person and/or estate of someone else (the ward). The guardian of the "person" is responsible for making personal decisions for the ward, including daily care and health-related decisions. The guardian of the "estate" is responsible for making financial decisions for the ward, and for managing any money or property the ward has. To apply as guardian, you must file an application in probate court in the county where the prospective ward lives. The court will determine (1) if a guardianship is necessary and (2) whether or not you are a suitable guardian. If you are appointed guardian, you agree to act in the ward's best interest. You also agree to report to the court on a regular basis about the decisions you are making. As long as you make decisions that are in the ward's best interest and meet the court's reporting deadlines, you cannot be sued in the event that something happens. If, however, you neglect your duties, the probate court can remove you as guardian. Also, if you have misused any of the ward's money, you can be ordered to pay that money back. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

In Ohio, your family friend would need to apply in probate court (in the county where you live) to become your guardian. Your parents will have the opportunity to waive their right to be your guardian. If they will not waive their rights, they are entitled to receive notice that someone else has applied for guardianship of you. The court will then hold a hearing to determine if your family friend is a suitable guardian. You stated that your family friend is taking you to Florida. If you move from Ohio, your family friend will need to apply for guardianship in Florida. Your guardian must be appointed in the county where you live. I suggest that you contact a probate lawyer (in Ohio and Florida) to determine the best method for handling the situation. Tonya R. Coles, Attorney at Law Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More