Alternatives to Guardianship

Alternatives to Guardianship

A Guardianship is an intrusive proceeding that directly impacts one’s freedom to make decisions for oneself. Ohio law requires the probate court to consider the least intrusive alternatives before granting a Guardianship. 

Legal documents that a probate court may consider appropriate and less intrusive than an appointment of a guardian:

1) Durable Power of Attorney

A legal document that authorizes another to make financial decisions on your behalf should you be unable to do so. The person appointed is called your Attorney-in-Fact, and the document lists the specific powers granted to him or her.

2) Healthcare Power of Attorney

A legal document that authorizes another to make medical and healthcare decisions on your behalf should you be unable to do so. The person appointed is called your Healthcare Representative and the document grants certain medical and healthcare decision-making powers to him or her.

3) Living Revocable Trust

The Trust owns assets on your behalf that is overseen and managed by a trustee that you appoint. The Trust has specific instructions for the Trustee should you become incapacitated or unable to make decisions. The trustee can step in and manage your affairs while you are unable to do so

4) Conservatorship

In Ohio, you can voluntarily request the probate court to appoint a conservator to handle your financial affairs. A Conservatorship allows you the freedom to make decisions for yourself while also authorizing a trusted third party to act on your behalf when necessary.

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