GUARDIANSHIPS

As our society continues to increase 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.  Most Ohio Probate Courts allow family members to apply to become a Guardian without having to hire an attorney.

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