BETA - What s Guardianship? Where is it appointed?

What is guardianship? Where is it appointed? It is a courtesy to tell the guardian that you are appointing them in case you need a guardian. Okay? So, let's think about a guardianship. So, guardianship is obviously while you're living and something has happened that you can't take care of affairs. So, there are documents in the living will in Ohio you can name a guardian and in my general durable power of attorney I can also name a guardian. So, in fact, mine and my husband's and we did these years ago, you know, guardians are named in those documents. So yes, guardians can be named and yes, as a courtesy I said to the people that I was naming. So, you go through probate court, guardianships go through probate court, but once the paperwork is filed then the ward, which is the person that's naming the guardian, the ward is notified. So, in Ohio there are guardians of minors and guardians of incompetence. I don't think you have to notify the minor, but somebody of majority you do have to notify them, but you also need a physician statement saying this person can't handle like themselves, this guardian of the person and they can't handle their affairs, guardian of the estate and we recommend to the court because again it's in probate court that, you know, a guardian is named and then the guardian needs to come in and prove that they are, you know, worthy of being named. So, if you've already named in your documents your, even your living will, I want Marsha to be my guardian, it's pretty easy for a probate judge to say Marsha can be this person's guardian, okay. So that's how a guardianship works. People are surprised often that they have been named a guardian, so you don't want to do that. Guardianships are pretty easy, sometimes the family will, there is a, you know, they are not in agreement with who should be named, say it's four siblings and mom had named one of them. If mom put that sibling in her documents usually the court goes with it. Let's say mom never did name anyone and the four are saying mom needs someone, then if they can't figure out amongst them, again that is a process in probate court. Well then someone applies to court, just like if people die without a will, there's no executor name. So someone steps forward and they are named the administrator, because they weren't named in the will, right, so they are an administrator. Now siblings again could say, well my sister came in and asked the court to appoint her as administrator but I want to be. So now again we are in some litigation with the judge. But yes, you can name who you want to be your guardian and that makes it easier for the court. Thank you.