Guardianships
As our society continues to increse its focus and concern for the health care rights of the patient, it becomes increasingly important to have guardianships in place as soon as the
disabled child turns 18. It would be most unfortunate if needed health
care were not given in a timely manner because some intern or resident, not
sure about issues of capacity to give informed consent, refused to provide
care because there wasn't a guardian able to give consent to treatment.
In Ohio, Guardianships are under the
jurisdiction of the Probate Court. Depending upon the financial position
of the individual, Ohio law provides for Guardians of the Person, Guardians
of the Estate, and Guardians of both the Person and the Estate.
For someone eligible to receive of receiving governmental benefits such as
Supplemental Security Income (SSI), the money can be paid to a “representative
payee” who is responsible for the disbursement of the money for the benefit
of the individual. In this case, a Guardianship of the Person is all
that is needed to permit the Guardian to make medical care decisions for
the individual. Where the individual has money in his or her name,
has a job, and is not receiving governmental benefits, there should be a
Guardianship of the Person and the Estate. In either case, the Guardian
does not incur any obligation to use the Guardian’s own money to pay any
debts or other financial obligations of the individual.
If you have a family member approaching 18 or otherwise would like to discuss
Guardianships, please click here to send me an e-mail to discuss your situation.
info@paulnidich.com
