What is Guardianship?
Sometimes an
adult is not able to manage his or her own affairs because of advanced age
or some other mental or physical disability. When a person becomes unable to care for himself or herself,
it may be necessary for a guardian to assume the decision-making
responsibility for the individual.
A guardian
is any adult person, association, or corporation appointed by the Probate
Court to assume responsibility for the care and management of the person,
the estate or both, of an incompetent person. A corporation can only be a guardian of the estate and not of
the person. The person who needs a
guardian is known as a ward.
Before an
individual is placed under a guardianship, an investigation is conducted
and the prospective ward is served notice of the application and hearing by
the Court’s Guardianship Investigator.
The Court then holds a hearing.
If a guardian is appointed, the Court also decides the extent of the
guardian’s power.
Person
and/or Estate:
A guardian
may be appointed either guardian of the person, of the estate, or
both. A guardian of the person
controls and protects the person of the ward. A guardian for the estate controls and protects the assets or
property of the ward.
Limited:
A guardian
may be appointed with limited powers to make restricted or specific
decisions of the ward. The ward
retains all powers not granted to the guardian.
Emergency:
In an
emergency in which significant injury to a prospective ward may occur
unless immediate action is taken, the Court may appoint an emergency
guardian for 72 hours.
Appointment Procedure
- Application for guardianship is filed
in the Probate Court of the County of the ward’s residence by an
interested party, or on the Court’s own motion.
- Application must include a
statement of the guardian’s willingness to perform as guardian, a bond
as required by law, and a statement of the ward’s mental and physical
condition from a treating physician, psychiatrist, or licensed
psychologists.
- The prospective ward, as well as
the adult next of kin, is notified of the impending guardianship and
time of hearing as prescribed by law.
- A Court Investigator conducts an
investigation in order to assist the Court in determining the
advisability of guardianship….
- A formal hearing is conducted by
the Judge or Magistrate to determine if a guardianship is necessary,
the guardian is suitable, and the guardian understands his duties.
Rights of the Ward
The
prospective ward has the right to be present at the hearing, to contest any
application for guardianship, to have a record of the hearing taken, to
have a friend or family member preset at the hearing, and to be represented
by an attorney. A prospective was
has the additional right to present evidence of a less restrictive
alternative, and if indigent and requested, to have an attorney and
independent expert appointed at Court expense.
Court Supervision
The Probate
court is the superior guardian, and all guardians must obey all orders of
the Court. The Court exerts its
supervisory authority through the following:
Accountings:
A guardian of the estate must file a written account with the Court
biannually as to the income and expenses of the ward’s estate. All receipts must be kept and comply
with the format on the account form.
Reports: A guardian of an incompetent ward must file a written
report and statement of expert evaluation biannually. The report concerns the status of, and
continued need for the guardianship.
Citations: If a guardian fails to timely file a report, inventory,
or accounting, the Court may cite a guardian to appear, and may fine, reduce
the guardian’s fee, or remove the guardian.
Investigations:
To determine if a guardian is functioning properly, the Court may
order an investigation by a Court Investigator, Law Enforcement Agency,
Adult Protective Service, or other county agency.
Prior
Approval: The guardian must first obtain approval
of the Probate Court before entering into contracts or leases, making
improvements to real estate or mortgage real estate, selling assets of the
ward, settling any personal injury claim for the ward, or expending funds
for the ward’s needs.
Removal: The Court may, at any time, in the best interest of the
ward, remove the guardian.
Additional
Responsibilities: The guardian is required to inform
the Court when either a ward or guardian changes residence or when a ward
dies.
Fees
A guardian’s
compensation and attorney’s fees are set by Court rule, and must be
approved prior to fees being paid.
Termination
A Court
order will terminate a guardianship upon the death of a ward or upon the
ward being adjudged competent. A
motion for termination of a guardianship of an incompetent may be filed 120
days after an appointment of a guardian and once every year thereafter.
VOLUNTEER GUARDIANSHIP
PROGRAM
The
Volunteer Guardianship Program, operated by Catholic Charities Inc., has
been developed to match persons willing to become Court appointed guardians
with individuals who have no suitable family member or friend to serve as
guardian.
Volunteers
are accountable to the Huron County Probate Court.
For more information on
volunteering, contact:
Catholic
Charities, Inc.
Jodi Damron
55 E. Main
Street
Norwalk,
OH 44857
Phone: (419)
668-3073
For more
information write or call:
Kathy Noftz,
Guardianship Investigator
Huron County
Common Pleas Court
Probate Division
2 East Main
Street, Room 106
Norwalk,
OH 44857-1596
Phone: (419)
668-4383
Fax: (419) 663-0944
Email
address: roy@accnorwalk.com
Hours: Monday through Friday 8:00 am to 4:30 pm
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