Legal Question in Elder Law in Ohio

Re: Rights of a guardian

I am assuming there were no planning documents in place before your mother fell ill. Is this the case? If there was a durable power of attorney that authorized gifts or transfers you may have had an easier road to travel on this issue.

Essentially, becasue guardianships are governed by the Probate court, actions on her behalf are now subject to the court's scrutiny.

Be aware that the ususal revocable living trust will not protect any assets from the reach of creditors such as Medicaid. The rules in this area are complex and were changed a great deal in February of this year.

I strongly urge you to talk to an attorney about the intimate details of your case before you take any action to try to qualify so that no unnecessary problems arise.

Re: Rights of a guardian

Yes, as long as the trust is created for her benefit. The management of the trust will still need to be approved by probate court. With a trust, you may not have to probate her assets by will upon her death but you will still have to terminate the conservatorship through probate court.