Is a Guardianship the Right Step for Your Loved One?

Making the decision to obtain a guardianship over a loved one is never easy. However, it is sometimes a necessary step to ensure their safety, well-being, and continued care. Common situations that may require a guardianship include: (1) a parent or spouse diagnosed with a neurodegenerative condition such as Alzheimer’s, (2) an adult who has suffered a serious or life-changing injury, and (3) adults with special needs who are unable to manage certain aspects of daily living on their own.

The need for a guardianship often becomes clear when a concerned family member attempts to help with financial or healthcare decisions—only to be told by a bank, doctor, or hospital that they are not legally authorized to do so.

In many cases, guardianship can be avoided with proper estate planning. Estate planning documents, such as a durable power of attorney or health care directives, allow a trusted individual to step in and help, but these documents can only be executed if your loved one still has the capacity to understand and sign them. Unfortunately, by the time a guardianship is being considered, it is often too late for these documents to be put in place.

Under Ohio law, there are two forms of guardianship. A Guardian of the Estate is responsible for managing financial matters on behalf of the ward, while a Guardian of the Person has authority over personal and care-related decisions. These roles may be filled by the same person or by two different individuals.

To establish either type of guardianship, the probate court will hold a hearing to determine whether there is clear and convincing evidence that the individual is mentally incompetent. Once a guardian is appointed, they must comply with ongoing court reporting requirements, and all financial expenditures will require prior court approval. In some cases, the formal court supervised guardianship may be preferred over authorizing a person to act unsupervised under a durable power of attorney.

While a guardianship is sometimes necessary, it is often a last resort. If you are unsure whether a guardianship is the right option for your loved one—or would like to explore estate planning alternatives—I welcome you to reach out. I would be happy to discuss your situation and guide you through the next steps.