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Elder Law and Guardianships

Columbus Elder Law and Guardianships Lawyers

Illness, disability and age catch up with most of us eventually. Often it will reach a point where we are unable to care for ourselves and require assistance. This burden usually is placed upon the children, and it is a daunting and time consuming task, especially if they live out of state. It is important to have someone who will look after their financial and physical well being is important. At the law firm of Kincaid, Randall & Craine our elder law attorneys have extensive experience working with elderly, mentally ill, retarded and disabled people and their families with their elder law, guardianship and conservatorship legal matters.

Dedicated social worker

We are different from most law firms in that we have a dedicated social worker. She works closely with all of our wards to see how they are doing, making sure they are being fed and taken care of. It is her role to make sure they are protected both financially and physically. By doing this, we are able to prevent neglect. It gives the ward a friend, someone they can talk to and confide in. This in turn helps ease the minds of children and loved ones who care about the welfare of the ward who are unable to look after them because they live far away.

The guardianship and elder law attorneys at our office represent local citizens in establishing guardianships as well. We assist them in filing the required paperwork, explain what needs to be done, represent them in dealings with administrative agencies and provide for an accounting of assets. Our firm has experience in conservatorships, where the ward is mentally competent but because of physical infirmities is unable to handle his affairs. If a person meets the definition of legal incompetence and there is no Ohio next of kin, or the Ohio next of kin are unable to serve, the court will often appoint one of our attorneys as guardian to arrange for their care. This is usually done because the children have a dispute as to what should be done, or live out of state. We serve as both attorneys for the guardian and also serve as guardians.

Ohio Guardianship Lawyers

If a loved one has been incapacitated by illness or accident, he or she should have a legal guardian. Guardianship is determined by a probate proceeding. It is necessary when the incapacitated or incompetent person did not have powers of attorney or advance directives that provided instructions on the steps to take in case of such a situation. The attorneys at Kincaid Randall & Craine have more than XX years of experience helping people obtain guardianship over a loved one. Let us put this experience to work for you.

Contact us, or call 614-224-7193 to discuss guardianship.

There are two types of legal guardian. The first is guardian of a person. This provides you legal standing to make important decisions regarding the healthcare and treatment that your loved one receives. The second type is guardian of an estate. This provides you power to make decisions about your loved one's assets and property. Both types of guardianship can be held by the same person, or each can be provided to a different person, depending on the needs of your loved one.

Our attorneys understand that dealing with the incapacity of a loved one is never easy. We want to help you through all of the legal aspects of the situation. As a small firm, Kincaid Randall & Craine is able to provide you with the one-on-one attention you deserve. We take pride in being available to answer any questions and address any concerns that arise. We want you to understand the process and will take the time necessary to make certain that is the case.

Establishing Legal Guardianship in Columbus, Ohio

If a vulnerable adult or minor child in your family requires legal intervention because of incapacity, Kincaid Randall & Craine can capably handle legal guardianship proceedings. Based in Columbus, Ohio the firm represents clients in the Central Ohio area, throughout Franklin County as well as within the surrounding counties. We can respond quickly in emergency situations to help a family arrange to manage the affairs of an incapacitated loved one. Contact us today or call 614-224-7193 to discuss your situation and legal options.

Avoiding Guardianship Disputes

Guardianship proceedings are time-consuming, expensive, and can create hard feelings among family members with differing opinions about a loved one's care. Sometimes a guardianship cannot be avoided, other times the process can be avoided by anticipating these concerns through a power of attorney, living trust, special needs trust or will. Inter Vivor or Living Trusts can avoid the expense and court oversight of a guardianship for a minor child's inheritance and can extend the trust management beyond the age of 18.

Establishing Legal Guardianship

When no will exists, or unanticipated circumstances arise, Kincaid Randall & Craine is experienced in all aspects of guardianship proceedings. A guardianship may be required for:

  • A child named the beneficiary of a litigation settlement
  • Adults who can no longer take care of themselves and do not have a power of attorney
  • Minor children who have lost a parent
  • Minor children who receive an inheritance outside of an Inter Vivor or Living Trust

Guardianship may be limited only to personal affairs or health care decisions, or it may be a full guardianship in which the legal guardian oversees every aspect of the person's life -- where they will live, medical care, and management of income and assets.

Any concerned person can initiate a guardianship proceeding. A doctor must certify that an adult is incompetent to manage his or her own affairs (waived for children under 18). All family members are notified, and the subject of the proceedings is under the Probate Court's supervision to ensure his or her interests are protected.

Within 60 days, a hearing is held to determine if the person is legally incompetent in the eyes of the court. A trial is held if (a) the person disputes his or her own incompetence, or (b) family members dispute who should be appointed guardian. Once designated, the guardian is responsible for a financial accounting of the estate and the purchase of insurance bonds to protect the incapacitated person's assets and income. The firm advises guardians of their duties and reporting obligations.

For more information about legal guardianship, or for swift action in a sensitive family situation, contact Kincaid Randall & Craine today or call 614-224-7193 to arrange an appointment.

Lawyers who care

For over 70 years, the law firm of Kincaid, Randall & Craine has been representing the people of Central Ohio with their elder law and guardianship legal concerns. Contact our office by phone at 614.224.7193 to arrange for your free initial consultation.

Contact

Kincaid, Randall & Craine
2201 Riverside Drive
Columbus, OH 43221
Phone: 614.224.7193
Fax: 614.586.4051