Lifetime guardianship is a process where we have a court appoint someone to make financial or medical decisions for somebody.
Oftentimes, when an individual is in a care community, they have medical professionals recommending that they have guardianship. However, having an elder law power of attorney can handle all of those concerns without having to involve the court.
We can sometimes persuade a court to allow for out of state individuals to be appointed as your guardian, but it isn't very often that this happens.
Death probate is the process of transferring your assets from your name when you pass down to your beneficiaries. The way these assets are distributed can be outlined in your estate plan, or if you do not have an estate plan, the state has one for you. However, the plan the state of Ohio has for these circumstances might not always be the best plan for your family. This is why it is so important to have control of your estate plan.
The probate will only deal with the asset that an individual has that doesn't have a beneficiary designation on it. An example of a beneficiary designation is if you co-own your home with your spouse, and you pass, they will own the home regardless of what your will says.
So beneficiary designations become a very intricate part of this process, and death probate decides what has to go through court. With proper planning, we will make sure that you won't end up in probate court when your loved one passes away.
The goal of having an elder law attorney is to avoid needing the court to intervene. We want to find the least restrictive means to be able to make those quality life decisions for those individuals.
We are here to help guide families through these processes to make it as easy as possible to make these decisions, and so that they really understand what these processes are. Contact us today to learn more.
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