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Establishing Guardianship To Protect Your Loved One

Last updated on June 19, 2020

When the unexpected happens and a loved one becomes ill, disabled, incompetent or mentally incompetent, a family is forced to make many hard decisions. One of them involves planning for the ongoing care of that family member.

Knowing what to do and how to get there can be challenging and emotional. A considerable amount of strain can be lifted by hiring an experienced Medina guardianship lawyer who can guide you through the process.

Justin C. Miller Esq. has helped many families overcome these legal hurdles by identifying an appropriate legal guardian to look after the loved one’s legal affairs. When helping you select an appropriate guardian, attorney Miller will take the time to sit down with you, listen to your needs and your concerns, and explain the considerations involved. He knows how to prepare a compelling guardianship petition as well as how to gather the appropriate supporting documentation.

To schedule an appointment with a Medina, Ohio, guardianship lawyer, call 330-931-3281.

The Difference Between A Guardianship And Power of Attorney

Unlike a power of attorney, which is a private contract that is prepared when a person is competent, a guardianship is a position created by the probate courts after a person has become mentally incompetent. A guardian is appointed by the probate courts and is responsible for looking after the ward’s legal affairs, including care arrangements and finances.

To be appointed as a guardian, the probate court must be convinced that the proposed ward is mentally incompetent. The term incompetent refers broadly to a diminished mental state caused by a variety of factors, including developmental delays, disability, drug addiction, mental illness and physical component. The impaired person must be incapable of taking care of himself or herself or adequately providing for family obligations. It also refers to incarcerated individuals.

Sometimes full control is not necessary. Depending on your family’s situation, families may choose to form limited guardianships, such as:

  • Guardian of the person – only handles health care and living decisions
  • Guardian of the estate – only handles finances

Because guardians control so many aspects of a ward’s life, the probate court will only appoint a guardianship if there are no other feasible alternatives. In addition, the court must be certain that the chosen guardian is the best choice.

Concerned About The Guardianship Process? Get Help Today.

Justin C. Miller is available to assist you with establishing a guardianship to take care of a loved one. He provides family law services at reasonable rates and payment plans if needed. For a free consultation call 330-931-3281 or contact attorney Miller online.