Cleveland Conservatorship Attorney

Conservatorship Support for Families in Cuyahoga, Lake, and Lorain Counties

Needing assistance should not mean surrendering dignity. Ohio law provides a specific legal arrangement for adults who remain mentally competent but face physical limitations in managing their own affairs: the Conservatorship. 

Unlike guardianship, which is often involuntary and stems from mental incompetence, a conservatorship represents a purely voluntary relationship initiated by the individual seeking support. This option provides court-supervised assistance while preserving full legal rights and autonomy, making it suitable for individuals who maintain decision-making capacity but require support with physical tasks, such as banking, paying bills, or managing real estate.

Law Offices of Daniel McGowan, LLC assists clients in Cuyahoga, Lake, and Lorain Counties who wish to delegate these financial and personal responsibilities while preserving their legal status as competent adults. We handle the necessary filings to establish this relationship, helping individuals formalize the support they need on their own terms.

Is a conservatorship right for your situation? Call (216) 616-7592 or contact us online to schedule a consultation with a conservatorship attorney in Cleveland today.

Distinguishing Conservatorship from Guardianship

The fundamental distinction between these two legal statuses lies in the mental capacity of the individual and the voluntary nature of the proceeding. A Conservatorship, governed by Ohio Revised Code 2111.021, explicitly states that its establishment does not serve as evidence of mental impairment. Conversely, if an individual is mentally incompetent, they lack the legal standing to sign a petition for conservatorship and require a guardianship instead.

Because the conservatorship is voluntary, the "Petitioner" (the physically infirm adult) directs the process. The Petitioner selects the conservator and defines the specific powers granted. Crucially, the Petitioner generally retains the right to terminate the conservatorship if physical abilities return or if the arrangement becomes unsatisfactory. This retention of control makes it a preferred option for many seniors.

Selecting a Conservator & Filing the Petition

We manage the comprehensive drafting and filing of the Petition for Conservatorship on behalf of our client. This critical document must clearly articulate the specific physical infirmity that hinders the client's ability to manage their own affairs. Additionally, it formally nominates the specific individual (the Conservator) whom the client wishes to appoint, keeping the choice of leadership firmly in the hands of the petitioner.

At the subsequent probate court hearing, we provide legal representation to guide the client through the proceedings. The judge will question the petitioner to verify that they fully comprehend the document they are signing and that they are acting voluntarily, free from any undue influence or family pressure. Our role is to demonstrate to the court that the conservatorship represents the least restrictive means of providing the necessary assistance, while preserving the client's rights and securing the help they need.