An Estate Planning Attorney in Columbus, Ohio
Before you retire and before the possibility of a nursing home presents itself, you need to call an estate planning attorney in Columbus, Ohio, at Rathburn & Associates. When you begin planning early, you are able to have a more detailed plan to follow. Our legal team will act as your trusted advisors and help you prepare for your future.
As part of our estate planning practice, we can help you with the sometimes complex areas of elder law and Medicaid planning. We can explain trusts and their different forms and uses. A trust may be the way to plan for your potential need for Medicaid and possibly avoid probate. Alternatively, you can make them a planning tool for minors and persons with special needs, where we must work around and preserve disability benefits.
Power of Attorney vs. Guardianship
Ohio law provides that a person may establish power of attorney for healthcare and for general purposes. A good, sound, power of attorney document can save your family and loved ones a great deal of time, energy, frustration, and money if you become incompetent or incapacitated.
Without a good document from our elder law attorney, it would be necessary for your family or loved ones to petition probate court to establish a guardianship. The best legal scenario is to execute a power of attorney document while you are well. A guardianship may involve a minor, an incompetent person, or a disabled person. To start a guardianship case for an adult, you must have a doctor’s evaluation and diagnosis that the person is “incompetent” and otherwise unable to care for his or her self.
The Guardianship Process
Guardianship generally has two parts—guardian of the “person” and guardian of the “estate.” Probate court can appoint the same individual to be guardian of the person and estate of a ward. The person to be appointed generally must be prior approved for bond in amounts set by Ohio law. You need a highly experienced law firm to help you, and Rathburn & Associates has the experience you need. Call our estate planning law firm before the need arises so you, your family, and loved ones can be protected and prepared.
This is not an easy endeavor, but our lawyers in Columbus, Ohio, can simplify it for you. Guardianships start by filing a petition, along with other required documents in probate court that we will acquire for you. You should not go at this alone because it is a complicated legal matter that involves a great deal of court controls and ongoing filing requirements. Guardianship can even cross into other areas of law that you may need advice for including:
- Real Estate
- Bank Accounts