Detailed Answer
When an elderly heir needs help with personal or financial decisions, Ohio law offers tools to appoint someone you trust. The two primary options are a power of attorney and a court-appointed guardianship (sometimes called a conservatorship). Each path serves a different purpose, follows a distinct process, and carries unique responsibilities.
1. Power of Attorney (POA)
A power of attorney lets the heir (the “principal”) name an agent to make decisions on their behalf. There are two common forms in Ohio:
- Financial Power of Attorney: Governed by Ohio Revised Code Chapter 1337. A durable version remains in effect if the principal becomes incapacitated. It lets the agent handle bank accounts, pay bills, manage investments, and file taxes.
- Health Care Power of Attorney: Defined in Ohio Revised Code Section 1337.60. It grants authority over medical treatment, long-term care decisions, and mental health matters. The agent may access medical records under HIPAA rules once named.
Key advantages:
- Minimal court involvement when documents meet statutory requirements.
- Flexibility to limit powers or make them effective only upon incapacity (“springing POA”).
- Immediate effect if the principal signs and dates the document properly.
Common steps:
- Discuss goals and choose a trusted agent.
- Use Ohio’s statutory form or custom language that meets ORC 1337 requirements.
- Sign before a notary public and two adult witnesses.
- Distribute copies to banks, health care providers, and family members.
2. Guardianship (Conservatorship)
Guardianship in Ohio falls under Ohio Revised Code Chapter 2111. The probate court may appoint a guardian for the person, the estate, or both if the heir cannot manage personal care or finances due to incapacity.
Key features:
- The court evaluates medical evidence and may appoint an attorney-ad litem to represent the heir’s interests.
- The guardian of the person makes daily care decisions—housing, medical care, nutrition.
- The guardian of the estate handles finances—bill paying, asset management, tax filings.
- Court supervision includes periodic reports, bond requirements, and accounting.
Typical steps:
- File a petition in probate court in the county where the heir resides.
- Serve notice to the heir, close relatives, and interested parties.
- Attend a hearing with medical testimony and any objections.
- If granted, the court issues letters of guardianship with defined powers.
3. Comparing the Options
| Feature | Power of Attorney | Guardianship |
|---|---|---|
| Court Involvement | Minimal | Extensive |
| Control Level | As defined by document | Court-defined and supervised |
| Cost | Low (notary, witness fees) | Higher (filing fees, attorney fees) |
| Privacy | Private | Public record |
| Flexibility | High | Limited |
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Ohio attorney to discuss your specific situation.
Helpful Hints
- Review documents regularly; life changes may require updates.
- Choose an agent or guardian who communicates well and acts ethically.
- Discuss your plan with family to prevent surprises and disputes.
- File a HIPAA release if you need medical records access without a health care POA.
- Keep originals in a safe place and distribute copies to trusted parties.