Practice Group Attorneys
Reminger helps clients with all matters involving guardianship. Our attorneys have a significant amount of experience working with probate courts to handle guardianship proceedings.
Sometimes the unforeseen happens that forces tough decisions. A family member or loved one becomes incapacitated or mentally impaired as a result of age, illness, accident or for other reasons. A loved one is incarcerated, and their child faces the potential of being placed in foster care. A minor loses their parents, or the parents are deemed unsuitable to maintain custody. A minor is injured and receives a substantial personal injury claim that needs to be settled. A guardianship attorney can help navigate the legal challenges posed by these situations.
Is There a Difference Between Power of Attorney and Guardianship?
If a healthcare and/or durable power of attorney is established prior to a person becoming mentally incompetent, guardianship can most likely be avoided. Powers of attorney provide a mechanism for medical and financial decisions to be made on behalf of the incompetent person. Provided that the attorney-in-fact is doing what is in the incompetent’s best interest, all is well. If not, legal action can be taken to remove the power of attorney for improper care and/or self-dealing. Always note, that a person with a power of attorney cannot place an incompetent person in a facility or home without that person’s consent. Guardianship would be required.
Once an individual is deemed incompetent and there is no power of attorney, the probate court may appoint a guardian for a person, an estate, or both. A guardian of the person handles health care and living decisions, whereas a guardian of the estate handles only finances. A guardian acts for an individual called a ward, and they can retain guardianship for that ward on a limited, temporary, emergency, or indefinite basis. Yearly, accountings are required, and funds can only be expended for the ward’s benefit with probate court approval.
Our lawyers zealously represent the ward, family members, or other interested parties in guardianship proceedings. These matters involve the appointment of a suitable person, guardianship administration, removal of guardians, transfer of wards, and any and all issues regarding a guardianship.
Ohio Guardianship Lawyer
Our guardianship lawyers have helped many families overcome their obstacles by identifying appropriate legal guardians to handle their legal affairs. Our guardianship attorneys have decades of experience handling these types of legal matters, including representing applicants to serve as guardians, prospective wards in situations where guardianship is questionable, and family members who have an interest in the guardianship.
Reminger’s guardianship lawyers can handle the administration of the guardianship estate, including assistance with investments and the payment of bills and living expenses for the ward in a professional manner. We find that family counseling and life/death assistance is typically part of the experience we provide throughout the guardianship. Depending on your situation, we can tailor our service to meet your personal needs.
The lawyers in the guardianship group are frequent lecturers and participants at professional seminars given by national, state, and local bar associations in Ohio and elsewhere in the Midwest. We are able to offer our services based upon many different fee arrangements as well as the traditional hourly rate fee structure.
- Press Release, August 15, 2019
- Press Release, February 26, 2019
- Press Release, November 12, 2018
- Press Release, November 1, 2018
- Guardianships and Preserving the Rights of Those Who May Need Decision Making AssistanceCleveland, OH, October 18, 2019
- Guardianship and Less Restrictive AlternativesCleveland, OH, September 20, 2019
- Reminger's Estates and Trusts Groups Ranked by U.S. News & World Report and Best Lawyers in 2020 Best Law Firms ListEstate and Trust Dispute Center of Ohio, November 1, 2019
- Estate and Trust Dispute Center of Ohio, February 26, 2019