Cleveland Guardianships Attorney
Legal Guidance for Guardianship Matters in Cuyahoga, Lake, & Lorain Counties
When a loved one loses the ability to make safe decisions due to age, illness, or disability, the Probate Court provides a mechanism for protection known as guardianship. This is a serious legal proceeding that removes certain rights from the individual (the "ward") and vests decision-making authority in a court-appointed guardian. At Law Offices of Daniel McGowan, LLC, guide families through this sensitive process, balancing the need for protection with the respect for the ward's dignity.
Law Offices of Daniel McGowan, LLC manages all aspects of guardianship proceedings in Northeast Ohio probate courts. We understand the distinct local rules, from the specific "Statement of Expert Evaluation" forms required in Lake County to the background check protocols in Cuyahoga County. Whether you are seeking to become a guardian or are a family member concerned about an existing guardianship, we provide the procedural knowledge necessary to navigate the court system.
For skilled representation in establishing or administering a guardianship, please contact a Cleveland guardianship attorney by calling (216) 616-7592 or by completing our online form today.
Guardianship of Incompetent Adults
The most common form of guardianship involves an adult who has become "incompetent" as defined by Ohio Revised Code 2111.01(D). This typically arises from conditions such as dementia, Alzheimer's disease, stroke, or severe mental health issues. We prepare and file the Application for Appointment of Guardian, which must be supported by clear and convincing medical evidence stating that the prospective ward is incapable of taking proper care of themselves or their property.
We also represent applicants during probate hearings, where the court evaluates both the necessity of the guardianship and the applicant’s suitability. If the guardianship is contested, whether by the prospective ward or another family member, we litigate competency issues and advocate for our client’s appointment. Our approach emphasizes presenting compelling medical testimony and social evidence while adhering to the strict evidentiary standards of the probate court.
Emergency Guardianship Procedures
When a vulnerable adult faces immediate danger, they often cannot wait for the standard guardianship process, which can take weeks. Ohio law provides for the appointment of an emergency guardian for a limited time (typically 72 hours, though extendable to 30 days in certain circumstances) to prevent significant injury to the person or their estate.
We are ready to assist families in filing ex parte applications for emergency guardianship when there is an imminent risk of medical crisis or financial exploitation. We move with speed to compile the necessary affidavits and physician statements required to persuade the magistrate that immediate action is indispensable. Once the emergency order is secured, we work to stabilize the situation and transition the case to a standard guardianship for ongoing protection.
Guardian of the Person vs. Guardian of the Estate
Ohio law distinguishes between two roles, though one person often fills both. A "Guardian of the Person" is responsible for the ward's day-to-day care, including medical decisions, housing, and food. A "Guardian of the Estate" is responsible for managing the ward's financial assets, paying bills, and investing funds. The Guardian of the Estate must be bonded, a requirement similar to insurance that protects the ward's assets.
We advise clients on the type of guardianship that is most suitable for their specific situation. For a Guardian of the Estate, we provide ongoing counsel regarding the strict fiduciary duties involved. This includes obtaining court approval before spending the ward's money (applications for authority to expend funds) and managing the ward's real estate. We can also clarify the guardian’s responsibilities and boundaries to prevent personal liability for unauthorized expenditures.
Meeting Guardianship Reporting Requirements
Being appointed guardian is only the first step; the court maintains strict oversight for the duration of the guardianship. We assist guardians in meeting their statutory reporting obligations to prevent removal or contempt citations. This includes filing the initial Guardian's Inventory within three months of appointment, which lists all the ward's assets.
We also prepare and file two important annual court documents: the "Guardian's Plan" and the "Guardian's Account." The Guardian's Account is a detailed financial report that shows every dollar received and spent throughout the year. In Cuyahoga, Lake, and Lorain counties, court magistrates carefully review these accounts to verify accuracy. We handle all the paperwork, organize your receipts and bank statements, and make sure everything balances correctly and meets court standards. This frees you to focus on what matters most: caring for your loved one.
For assistance establishing or managing a guardianship, call (216) 616-7592 or contact us online to speak with a Cleveland guardianship lawyer today.