Legal Question in Wills and Trusts in Ohio

Guardianship laws and regulations

Can the co-guardian of an incompetent also be the joint owner of the incompetent's bank accounts with right of survivorship? If the incompetent dies, do the bank accounts belong to his estate? What if the guardian has set himself up as the co-owner of the bank account with survivorship benefits? Is this ethical, or even legal? Does he forgo survivorship benefits when appointed as guardian?


Asked on 6/21/09, 11:52 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Guardianship laws and regulations

Not necessarily. If these accounts had been set up while the ward was competent and the ward was not placed under duress, these account arrangements are probably legal. This often happens to married couples.

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Answered on 6/22/09, 6:26 pm


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