Legal Question in Elder Law in Ohio

Guardianship

After being appointed guardian,what decisions can be made

(financial) with out having to consult lawyers? How do lawyers usually bill? How can we be sure estate is not being drained with un-needed legal matters?


Asked on 7/30/03, 7:44 pm

1 Answer from Attorneys

Sherri Rutherford Rutherford Law Office

Re: Guardianship

Ohio recognizes several different types of guardianships; the person, the estate , and both person and estate. The guardian of the person can make decisions for the ward such as placement for treatment and medical decisions. The guardian of the estate handles financial issues. All expenditures out of the estate must be approved by the court before they occur. And the guardian must file an inventory and an account at least every other year. Courts only accept filings on their approved forms. Most individuals do not know what forms to use nor do they have the time necessary to learn. That is why an attorney is necessary. Most attorneys bill on an hourly basis for the work perfomed on behalf of the guardian. The attorney should provide an itemized bill for those services which is also approved by the court.

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Answered on 8/01/03, 12:45 pm


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