The following are common questions that
have often been posed to our office:
Click here to access forms for a Conservatorship
Who Chooses the Conservator?
back to top
A conservatorship is based on the consent of
the person for whom the conservatorship is to benefit. Thus, the
conservatee decides who will serve as conservator, and what property
and powers of the conservatee will be included in the conservatorship.
In addition the conservatee decides which of the guardianship
duties and procedures the conservator follows and the Court enforces.
What is the Court's
Role? back to top
After a petition is filed, and the matter heard,
the Court will determine if the petitioner is infirmed, the petition
is voluntary, and the conservator is suitable. If the petition
is granted, the Court, while the conservatorship exists, will
apply the laws and procedures of Ohio pertaining to guardianship,
except those excluded by the conservatee.
How is the Conservatorship
Terminated? back to top
A Conservatorship is terminated by judicial
determination of incompetency, the death of the conservatee, the
Order of the Probate Court, or the execution of a written termination
notice by the conservatee.
What is a Power of
Attorney? back to top
A Power of Attorney is written authorization
for an agent to perform specified acts, either personal (health
care) or estate (property) on behalf of a principal.
What are the Types
of Powers of Attorney back to top
- Durable: A Power of Attorney in which
the powers granted remain in effect in the event of the grantor's
incapacity or on being adjudged incompetent.
- Springing: A Power of Attorney in
which the powers granted become effective when the grantor becomes
incapacitated or is adjudged incompetent.
- Health Care: A durable Power of Attorney
that may be used to authorize health care decisions in the event
What are the Execution
of Powers of Attorney? back to top
Certain Powers of Attorney, such as those involving
transfer of real property, require recording, and must be executed
in specific manner. It is recommended that legal advice be obtained
before executing Powers of Attorney as an alternative to guardianship.
In addition, there are few safeguards or protections from abuse
or misuse of Powers of Attorney. For that reason, before execution,
the agent of the Power of Attorney should be of good character,
and very carefully chosen.
What is an Intervivos
Trust? back to top
An intervivos trust is a confidential relationship
involving a trustee, usually a bank, who manages only the property
of a living person for the benefit of that person or someone else.
Banks often require a minimum trust amount.
What is a Representative-Custodial
Payee back to top?
A Representative-Custodial Payee is an individual
authorized to receive and expend Social Security, Supplemental
Security Income, or Veteran's benefits, on behalf of the recipient,
based upon a Court finding of mental incompetence or on submission
of evidence to the Social Security or Veterans Administrations
of mental or physical incapacity which impairs management of the
Prepared by the Ohio Association of Probate