Conservatorships

1. Types of Conservatorships in Ohio

In Ohio, conservatorships are typically divided into two primary categories based on the needs of the individual:

a. General Conservatorship

A general conservatorship is the most comprehensive form. Under this arrangement, the conservator is granted broad authority over the protected individual’s financial matters. This can include managing their income, paying bills, investing assets, filing taxes, and overseeing the protection and preservation of the individual’s property.

This type of conservatorship is usually appointed when the individual is fully incapacitated and unable to handle any of their financial matters, such as an individual who is suffering from severe dementia or other conditions that result in total cognitive impairment.

b. Limited Conservatorship

A limited conservatorship is granted when the individual still retains the capacity to manage certain aspects of their financial life but requires assistance with others. The conservator’s powers are limited to specific financial tasks, such as paying certain bills, managing a portion of the protected individual’s assets, or assisting with other particular financial decisions.

Limited conservatorships are typically appropriate for individuals who have diminished capacity due to cognitive decline or physical limitations but can still make some decisions for themselves. For instance, someone in the early stages of dementia may require a limited conservatorship to help manage complex finances but still be capable of making day-to-day spending decisions.

2. The Process of Establishing a Conservatorship in Ohio

The process of establishing a conservatorship in Ohio involves filing a petition with the probate court in the county where the protected individual resides. The court reviews the petition to determine whether a conservatorship is necessary and whether the proposed conservator is suitable for the role. Here’s an outline of the process:

a. Filing the Petition

The petition for conservatorship must include several essential elements, such as:

• Personal information about the individual requesting the conservatorship (the proposed conservator) and the person who will be appointed (the protected individual).
• Medical evidence that demonstrates the individual’s incapacity, which may include reports from healthcare providers or specialists.
• Details about the proposed conservator, including their qualifications and why they are suitable to manage the individual’s finances.
• Notice of hearing, which must be served to interested parties, including family members, to ensure that all those with a vested interest in the case are informed and have the opportunity to participate in the proceedings.

b. Court Hearing

Once the petition is filed, the probate court will schedule a hearing to determine whether a conservatorship is appropriate. During the hearing, the judge will review the medical evidence and hear testimony about the individual’s mental and physical condition. In some cases, a guardian ad litem (a court-appointed attorney) may be assigned to represent the interests of the protected individual.

The court will also ensure that the proposed conservator is suitable and trustworthy. If the judge determines that the individual is indeed incapable of managing their financial affairs and that the proposed conservator is appropriate, the conservatorship will be granted.

c. Appointment of the Conservator

If the court agrees that a conservatorship is needed, it will issue an order appointing a conservator. The conservator then assumes responsibility for managing the financial affairs of the protected individual, with oversight from the court. The court may require the conservator to submit regular reports detailing how the individual’s finances are being managed.

3. Responsibilities of a Conservator in Ohio

Once appointed, the conservator has a wide range of responsibilities, all of which are aimed at safeguarding the financial wellbeing of the protected individual. The key duties of a conservator in Ohio include:

• Managing financial assets: The conservator must oversee the protected individual’s income, investments, property, and other financial assets. This may involve liquidating assets, paying debts, and ensuring that the individual’s financial resources are being used in their best interest.
• Paying bills and expenses: The conservator is responsible for paying the protected individual’s bills and expenses, including medical bills, utilities, housing costs, and insurance premiums. This ensures that the individual’s day-to-day financial needs are met.
• Accounting and reporting: The conservator must submit periodic reports to the probate court detailing the financial status of the protected individual’s estate. This includes an accounting of income and expenditures, as well as a list of assets and liabilities.
• Acting in the best interest of the individual: The conservator must act solely in the protected individual’s best interest. This includes ensuring that decisions are made with the individual’s needs and wishes in mind, preserving their financial assets, and preventing exploitation.

4. Ending or Modifying a Conservatorship

A conservatorship can be modified or terminated if the protected individual’s condition improves or if the conservator is no longer able to serve. In Ohio, if the individual regains the capacity to manage their finances, a petition can be filed to terminate the conservatorship.

Additionally, if the conservator is not fulfilling their responsibilities or if there is a need to appoint a new conservator, a petition can be filed to remove the current conservator and appoint a new one.

5. Alternatives to Conservatorship

Before seeking a conservatorship, some individuals may consider alternatives, such as a durable power of attorney or a revocable living trust. These options can provide a less intrusive method for managing financial affairs in cases where the individual is still capable of making decisions for themselves, albeit with some assistance.

A durable power of attorney allows an individual to appoint someone to act on their behalf in managing their financial affairs in the event of incapacity. Similarly, a revocable living trust can help manage assets during the individual’s lifetime and allow for a smooth transition of financial management upon incapacitation.

6. Conclusion

Conservatorships in Ohio are an essential legal tool for protecting individuals who are unable to manage their own financial affairs due to mental or physical incapacity. By understanding the process of establishing a conservatorship, the roles and responsibilities of conservators, and the available alternatives, you can help ensure that your loved one’s financial wellbeing is properly protected. If you believe a conservatorship is necessary for someone you care about, it’s important to consult with an experienced probate attorney to navigate the legal process and make informed decisions.

Works Cited

1. Ohio Probate Court. "Conservatorship," Ohio Supreme Court, 2024, https://www.supremecourt.ohio.gov/probate.
2. Ohio Bar Association. "Guardianship and Conservatorship," Ohio Bar Association, 2024, https://www.ohiobar.org.
3. Ohio Legal Services. "Conservatorship in Ohio," Ohio Legal Services, 2024, https://www.ohiolegalservices.org.