One of the advantages of a Guardianship is that a Guardian is appointed by the Probate Court. Since the appointment of a Guardian is made by the Probate Court, the Guardian is controlled and supervised by the Court. This simply means that the Guardian cannot act without Court authority. This oversight protects the Guardian and most importantly, the ward on whose behalf the Guardian acts. This minimizes the risk of a breach of fiduciary duties and/or mismanagement or theft of the ward’s funds.
Some of the disadvantages of a Probate Court Guardianship include the expenses associated with this process. Additionally, because the Probate Court Guardianship files are public records, privacy is lost. As a result, many of the personal details of disability and/or financial affairs are open to public scrutiny and potential embarrassment.
Some of the legal options or alternatives to a Probate Court Guardianship include having a Durable Power of Attorney, a Durable Healthcare Power of Attorney, and/or possibly a Living Trust.
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Most people think after they die that everything will automatically pass to their loved ones. This may not necessarily be the case.
If a person dies without a Will, the State of Ohio and the Probate Court will decide who gets what and when, and how to distribute the assets. And there is no guarantee that your wishes will be fulfilled. This is only one reason why you must have a Will.
By having a Will, a person can ensure that their assets go to their intended beneficiaries. Having a Will can also expedite the Estate administration process.
A well drafted Will can also help minimize family fights about the Estate. It is helpful that a well written Will be as specific as possible to minimize disputes among loved ones about your property.
You should also consider who gets what in the event the primary beneficiary should pre-decease. Naming a contingent beneficiary is always a good idea. A well drafted Will should also contain a residual clause. This disposes of any remaining assets that are not previously distributed .
Finally, the most important and overlooked reason to have a Will is to determine who would be named as Guardian of a minor child. Without a Will, this issue is decided by the Courts. In order to avoid the Court’s deciding who gets guardianship over a minor child, you must name a Guardian and alternate in the event the primary Guardian refuses or is unable to serve.
Because of the complexity of estate planning it is important to consult with an attorney who does estate planning on a regular basis in order to address specific concerns that each individual has.
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Procedures and information available differ for pre January 1, 1964, adoptions; January 1, 1964, to September 18, 1996; and September 18, 1996, and thereafter adoptions.
R.C. 3107.38 provides that for adoptions prior to January 1, 1964, the adopted person may submit a request to the ODJFS for a non-identifying copy of the adoption file or file a petition with the Probate Court pursuant to R.C. 3107.41.
R.C. 3107.41 provides that for adoptions between January 1, 1964, and September 18, 1996, an adopted person twenty-one years or older may file a petition with the Probate Court for the release of certain information.
R.C. 3107.45 to R.C. 3107.53, and R.C. 3107.66 liberalize access to post September 18, 1996, adoption records. An adopted person age twenty-one years or more, an adoptive parent of an adopted person eighteen to twenty-one years, a birth parent or sibling age twenty-one years or older, may obtain from the ODJFS information authorized by other parties.
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