Dayton Guardianship Lawyer
Diligent Problem Solving for Important Matters
A guardianship arises when a person is nominated to care for minor children or incompetent adults, over individual financial affairs and/or personal affairs. Our attorney represents individuals and families who need legal counsel and assistance with guardianship issues. These issues can also arise during the probate process.
The purpose of a guardianship is to exercise the legal rights of a minor or mentally incapacitated person. Any guardian appointed by a court will be held to the utmost fiduciary standard, and may only serve in the best interest of the ward.
There are various types of guardianships, including:
- Guardian of the estate and/or person;
- Limited guardian;
- Interim guardian; and
- Emergency guardian.
To establish a guardianship over another, a guardianship must be necessary and a suitable guardian must be appointed to serve over the ward. Our Dayton probate attorney will help evaluate the type of guardianship needed and then apply to the probate court for appointment on your behalf. The specific situation of the potential ward will dictate the type of guardianship needed.
Because of the complexity, expense, and liability involved in guardianships, our attorneys explore the possibility of using legal tools other than guardianships to accomplish our clients’ goals. These are known as less-restrictive alternatives. Advanced planning is critically important, as powers of attorney, trusts, and wills may be used to designate a fiduciary before the principal loses capacity. If this procedure is in place prior to incapacitation, guardianships may be avoided altogether. This saves time and expense.
There are of course cases where guardianships cannot be avoided. Normally family members are necessary in the event that there is a disability, illness, or other impairment of a loved one. At that point, a guardian will be appointed by the probate court to make decisions and expend funds on the ward’s behalf. In addition to establishing the guardianship, our Dayton probate lawyer provides advice on the ability to expend assets on the ward’s behalf, as well as help administer the guardianship in filing accounts with the court.
We can also assist clients with incorporating guardianships during the estate planning process.
It is common for an alleged incompetent person to challenge the application of another for guardianship over that person, especially over financial and health matters. Moreover, competing applicants for guardianship of a person also occur. These battles can be expensive, and the stakes are high for all concerned. Our Dayton probate attorney has the experience and expertise to prevail on the toughest contests.
It is not unusual for the courts to grant family members guardianship over an incapacitated family member, especially in the case of adults who show signs of dementia or in families with disabled minors. Like an abuse of a power of attorney by an agent, guardians too must be examined to ensure they are acting in the best interest of the incompetent or minor. Our attorney will uncover any major or minor wrongdoing and seek to recapture assets improperly transferred.
Contact our firm if you are in need of a consultation regarding the establishment of a guardianship or the administration of a current guardianship.