In Ohio, the type of guardianship depends on the situation. With a limited guardian, the probate court limits either the purpose or length of time, of the guardian’s powers. In cases where a mentally capable person requests that the court appoint somebody to exercise specific authorities due to physical incapacitation, the court may appoint the requested person as the incapacitated person’s conservator. These are very similar, and the person retains any authorities that the court did not appoint to the guardian or conservator.

The court may appoint an emergency guardian for a ward if the person or estate is in imminent danger. If a guardian resigns or the court removes a guardian, temporarily or permanently, the court may appoint an interim guardian to care for the ward’s welfare until it appoints a permanent replacement or the guardian returns.

The guardian of an estate is normally the same person as the guardian for a ward, if both are necessary. This person must hold a bond worth twice the value of the ward’s income and non-real-estate assets, which normally limits this to somebody with good credit. This person is responsible for managing all of the assets, including paying debts and collecting payments. The court requires this person to file regular accounts on the usage of the ward’s assets and invest any currently unneeded funds following legal guidelines.

When planning for a guardianship, the person may wish to nominate a specific person. The court will consider this nomination, but it may appoint somebody else if it finds that person unsuitable for the task or if that person declines the nomination. It can be helpful to speak with an attorney when creating these plans because every situation is unique, and this information does not serve as a substitute for an attorney’s services.

Source: Ohio State Bar Association , “What are the types of guardianships available in Ohio?”, October 21, 2014

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