QUESTION

I ''ve been asked to be a guardian, if something happens to her under my guardianship can I be sued by her daughter, who doesn''t take care of her?

Asked on Aug 07th, 2012 on Guardianship and Conservatorship - Ohio
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1 ANSWER

Tonya Coles
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
Answered on Aug 30th, 2012 at 10:29 PM

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