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What powers and duties do guardians have?

On Behalf of | Aug 5, 2024 | Estate Planning |

If you’re considering guardianship in Ohio, understanding the responsibilities and authority granted to guardians is a must. Being aware of the powers and duties guardians hold helps ensure clarity and the ability to meet the obligations of this role.

Guardianship overview

In Ohio, a guardian is appointed by the court to make decisions on behalf of a minor or an incapacitated adult. The courts expect guardians to act in the best interest of the individual under their guardianship, also known as a ward.

Powers of guardians

Guardians have specific powers granted by the court, including the authority to make healthcare, education, and general welfare decisions for the ward. In addition, guardians also oversee the ward’s finances, including the management of bank accounts or paying bills as needed.

Guardians can also decide where the ward will live. This might include selecting a residential care facility or arranging for in-home care services.

Duties of guardians

The duties of guardians are extensive and designed to protect the ward’s best interests. These duties include:

  • Providing care: Guardians must ensure the ward receives adequate medical care, personal care, and education (if applicable).
  • Maintaining records: Guardians must keep detailed records of their actions and decisions. This includes financial transactions, medical care provided, and the like.
  • Reporting to the court: Guardians are required to submit reports to the court that detail the ward’s status and the guardian’s actions.
  • Advocating for the ward: Guardians must advocate for the ward’s rights and interests, which may include working with healthcare providers, educators, and social services.

Guardians are responsible for making choices that ensure the well-being of their wards. The courts safeguard these individuals by providing oversight to ensure guardians fulfill their obligations.

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