Lebanon Guardianship Attorney Helps You Help Your Family

Effective southwest Ohio lawyer handles cases relating to legal authority

Adults who are not able to address their personal or financial needs adequately deserve help. Whether the individual in question agrees to give up legal authority over their own affairs or is opposed to such a move, options are available under Ohio law. At Ernst & Associates in Lebanon, we assist clients who are considering an arrangement that establishes legal responsibility for someone close to them. Whether the right option is a guardianship or conservatorship, our firm prepares the necessary documents and supporting information to make the strongest possible case to the probate court. If you’re concerned about what might happen if you lose capacity to deal with key issues at some point in the future, we also draft power of attorney documents.

Established firm assists with guardianships, conservatorships and powers of attorney

For clients in Butler, Warren, Hamilton, Montgomery and Clinton counties, our firm offers comprehensive guidance on the following methods of transferring legal authority when someone is unable to act effectively in their own interests:

• Guardianship — Guardianship refers to situations where a probate court designates someone to manage key matters for a ward who is not competent to make sound decisions regarding their well-being. Two types of guardianship exist under Ohio law. An applicant seeking to become Guardian of the Estate will handle property and financial decisions going forward. Someone seeking Guardianship of the Person will be given legal control over decisions pertaining to personal care. In these fiduciary roles, guardians may be able to serve in both capacities simultaneously.
• Conservatorship — While the powers associated with conservatorship might be similar to those granted in a guardianship order, these petitions reflect different circumstances. An individual who is mentally capable of handling their responsibilities can voluntarily petition to have a conservator appointed because of a physical limitation. For example, someone with vision problems could seek someone who can read documents or a person whose illness keeps them in bed might require someone to perform important tasks during their convalescence.
• Power of attorney — You cannot be sure when a serious injury or illness will leave you unable to communicate your wishes regarding medical treatment or financial matters. By creating a durable power of attorney document that appoints a trusted person to deliver key choices on your behalf, you save your family from having to make hard decisions about guardianship and other measures during a crisis.

We understand the sensitivity of these situations, particularly in guardianship cases where the proposed ward might not agree that they require this type of assistance. Attorney Dave Ernst offers knowledgeable, professional counsel no matter how difficult the specific circumstances might seem.

Knowledgeable counselor guides clients through the guardianship process

To start the guardianship process, an applicant must petition the probate court and include a Statement of Expert Evaluation that details why the person in question requires legal protection. Following that, the court sends an investigator to make an independent determination regarding the proposed ward’s fitness. In a hearing, the judge decides whether the ward is legally incompetent and whether the applicant is the best person to serve as guardian. Should this be the case, the applicant becomes guardian by taking an oath and acknowledging their fiduciary duty to act in the ward’s best interests. At every stage of these proceedings, we help clients meet the necessary legal requirements and avoid potentially harmful errors.

Contact a dedicated Ohio lawyer about the process of establishing guardianship

Ernst & Associates advises clients throughout southwest Ohio about guardianship proceedings and other legal concerns. To schedule a free initial consultation, please call 513-970-6200 or contact us online.  Our office is in Lebanon.