Helping You Protect Your Assets, Every Step of the Way.
Incapacitation can happen at any time, not just when a person is in his or her “golden years.” In a serious accident, a sudden illness or injury, and even through progressing age, people can find themselves dependent on others for care and assistance. With the right tools and through careful planning, it is possible to select preferred medical treatment in the event of incapacitation.
A Power of Attorney and Guardianship Attorney in Ohio Can Help
If you are concerned that someday you may be unable to make decisions about your medical care, treatment, or finances, it is important that you begin planning for the unexpected today. At Alex Carr Law, LLC, the firm excels in the creation of health care powers of attorney, financial powers of attorney, and other health care directives. These documents could be carried out in the event of incapacitation. Without proper planning and strong legal documents, a person could be required to have a legal guardianship through Probate Court.
Determining whether a health care directive or a power of attorney is the right choice for you can depend on multiple factors, including your unique needs and life circumstances. With the support of Alex Carr Law, LLC, you can rest assured knowing that your plan will be effective when needed. Consider contacting Alex Carr Law, LLC today at (330) 562-5951 or complete the online confidential contact form here.
Guardianships in the State of Ohio – City of Cleveland
In Ohio, an estate can be overseen by a probate court for the management of the estate, personal care, or both of an “incompetent” adult or child under the age of 18 through legal guardianship. An incompetent person is someone whose physical or mental disability has rendered him or her incapable of making sound decisions about his or her assets. With a power of attorney set in place, the person can avoid being placed under guardianship. Under current Ohio law, family members are usually given preference in becoming guardians of a loved one but any person can petition the court to be appointed as guardian.
It is important to note that guardians cannot be appointed by incapacitated individuals or their families. Instead, the court will appoint the guardian. A guardian, however, can be nominated in advance. The court can appoint the nominated person unless this individual declines to serve as a guardian or is deemed unstable for the role. Guardians can be appointed in a financial power of attorney or a last will and testament. As of March 2014, it is also possible to nominate guardians in health care powers of attorney documents.
In a majority of cases, a power of attorney will be preferred over legal guardianship. This is because, in a power of attorney, the person being controlled can retain more control over the decisions being made. It should be noted, however, that in the event that court supervision is needed, guardianship may be deemed more appropriate. Moreover, guardianship provides guardians court-ordered authority that outside parties, such as banks, must recognize. Outside parties are not permitted to allow agents with a power of attorney to conduct business on behalf of the person being protected.
How and When a Power of Attorney is Used
A power of attorney is a legal agreement formed by one individual to provide another with authority to make decisions on his or her behalf. This document can grant a person either limited powers or general powers to act under certain circumstances. In some cases, any powers granted are set on a conditional basis once the protected person has been rendered incapacitated.
A power of attorney is often preferred over an Ohio legal guardianship because of the following: Courts are not involved, There is more privacy in the process, The costs are usually less when compared to guardianship, The protected person retains control over who can make decisions and what decisions can be made on his or her behalf, A power of attorney can be revoked at any given moment provided that the protected individual has the mental capacity to do so. Guardianships, on the other hand, can only be revoked by the probate court.
Schedule a Complimentary Consultation With a Trusted Cleveland Attorney Today
As with any estate planning document, it is important to consult an experienced attorney to ensure a power of attorney is well-formulated. If you are interested in learning if a power of attorney is the right decision for you, obtain proficient legal support right away.
Alex Carr Law, LLC can assist you in creating a power of attorney, such as a health care power of attorney or a durable general financial power of attorney, and can provide you with a legal analysis that can help you make the decision that best fits your current circumstances. Consider contacting the firm today to schedule your free initial consultation.
