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guardian2A Guardian is a person lawfully invested with the power, and charged with the duty, of taking care of the person and managing the property and rights of another person, who, for some peculiarity of status, or defect of age, understanding, self-control, is considered incapable of administering his own affairs[1].

Generally speaking, the two commonly held guardianships are: Guardian of the Person and/or Guardian of the Estate, which can be held by one individual, or separately by two persons.

A Guardianship of the Estate gives the guardian the authority to make all financial decisions for the subject of the guardianship (the “ward”).

A Guardianship of the Person gives the guardian the authority to make all the day-to-day decisions of a more personal nature, (all decisions except financial decisions), on behalf of the ward.  For example, the Guardian of the Person is responsible for decisions such as living arrangements, medical care, food, clothing, etc.

Under the Ohio Revised Code, Chapter 2111, Guardians are appointed and serve under the supervision of the County Probate Court.

Commonly used alternatives to guardianships include:

  • Powers of Attorney
  • Conservatorships
  • Representative Payees
  • Trusts

If you have any questions or think you may need assistance with a guardianship or related matter, please give us a call.