GUARDIANSHIP

Guardianships Done Right and Right Now.

Maybe you have a loved one who was born with or developed a mental or physical disability that requires someone to care for them. The staff at the Law Office of Philip A. King, LLC empathize because we also have family members needing the care of a guardian. As a guardian, you will have the authority to make decisions in the best interests of the minor or incompetent individual after a hearing in the probate court.

Do you know?

• What type of guardianship you will need: person, estate, or both?
• What documents do you need to prepare and file to begin the guardian application process?
• When a hearing is not necessary for the appointment of a guardian?
• What training you must complete before you become a guardian?
• What criminal offenses will stop you from becoming a guardian?
• When a person from another state can serve as a guardian in Ohio?
• What are the alternatives to guardianship?
• What to do if you need to get bonded but can’t?
• Who has to receive notice of the guardianship case?
• How to get waivers of service from next of kin?
• What to do if you don’t know the names and addresses of the next of kin?
• What to do if you can’t locate a next of kin?
• What is required to qualify for an expedited hearing?
• What to do if someone objects to your appointment as guardian?
• When it is necessary under Ohio law to have a guardianship for a minor child who has received money by settlement, insurance, or inheritance?
• How to prepare and file the annual reports required by the probate court.

You need an experienced attorney who handles guardianship to guide you through the process.

At the Law Office of Philip A. King, LLC, we know the answer to all these questions and many more. We will review your situation with you and explain what you can expect at every stage in the process. We will do everything in our power to obtain the guardianship appointment you want to care for those in need.  Before you decide not to hire an attorney, ask yourself – would you hire someone like you (who knows as much about guardianship law as you do) to handle a guardianship case? Call us now at (614) 610-4545 to schedule your free 30-minute consultation.

“Where Service and Integrity are King.”


 FAQ’s

+ What is a guardian?

A guardian is an adult person appointed by a probate court to be legally responsible for a minor child or an incompetent person and/or that person’s property. The person for whom a guardian has been appointed is called the Ward and the guardian has the duty to make the decisions for the Ward in the Ward’s best interest.


+ When is a guardianship necessary?

A guardianship may be necessary to make decisions for a minor child if both parents have died or the minor child is entitled to a substantial amount of money. A guardianship may be needed for an adult who has been deemed incompetent and is unable to care for themselves or for their property. A parent is considered the natural guardian of any minor child with special needs; however, a guardianship is necessary for the parent to continue to make decisions for their child once he or she returns 18 years old.


+ What are the types of guardianships available in Ohio?

There are two types. A guardian of the person is appointed to make personal decisions for the Ward including residency and medical decisions. The guardian of the person of a minor child will also make decisions regarding education. A guardian of the person of an adult automatically becomes the guardian of the adult's minor children, if no other adult has legal custody or guardianship. A guardian of the estate is appointed to manage the Ward’s assets and make financial decisions in the Ward’s best interests. A guardianship can be of the person, of the estate, or both. Guardianship can also be limited in duration and the powers given to the guardian and ordered without a hearing if an emergency exists.


+ How do I become a guardian in Ohio?

You need to file a guardianship application in the probate court in the county where the prospective Ward lives. If you are seeking a guardianship over an adult, you will need to file a “statement of expert evaluation” stating that the prospective Ward is incompetent and recommending the establishment of a guardianship. The court will schedule a hearing to determine whether a guardianship is necessary and that you should serve as guardian. Before the hearing you must complete a background check and guardian training. If the probate court appoints you as the guardian, you will receive letters of authority confirming your authority to act on the Ward’s behalf.


+ Can I be a guardian in Ohio if I live in another state?

Non-Ohio residents can only serve as guardians of the person in Ohio. Non-Ohio residents cannot serve as guardians of the estate.


+ Is there an alternative to a guardianship?

If an adult is mentally competent and is only physically incapacitated, then a conservatorship is appropriate. The probate court can appoint a conservator at the request of a mentally competent adult. The individual requesting a conservatorship can choose the conservator and specify the authority given to the conservator.

While an adult is still mentally competent, he or she can execute a power of attorney that will authorize their agent to make medical and/or financial decisions on their behalf if they become incompetent. After a person becomes incompetent, it is too late to execute a power of attorney. At that point, a guardianship is the only option.


+ What are the attorney fees and court costs for guardianship cases, and who pays them?

Depending on the type of guardianship, the probate court requires an initial deposit of $75-$275 to cover court costs as the case proceeds. Any unused portion of the deposit will be returned to you. We offer affordable rates that range from $125-$250 per hour depending on the task. We guarantee you our most affordable rate and charge in 6-minute increments so you don’t pay for a full hour if we complete an assignment is less time. As the applicant, you are responsible for the court costs and attorney fees. However, you can apply for a reimbursement from the Ward’s estate if such funds are available.


+ What is my next step?

If you need a guardianship appointment, call our office at (614) 610-4545 or visit www.pkesq.com for more information. When we schedule the appointment, my office will tell you what to bring to our first meeting to get you started.