Perrysburg, OH asked in Elder Law and Probate for Ohio

Q: Ward has full guardianship in MI, small Tribal stipend once a year, Need guardian of person and estate or both in OH?

Incapacitated Ward under Full guardianship (person/estate) in Michigan has been moved to Ohio nursing home long term care on full Medicaid/Medicare. I made the facility rep payee for SS check. Ward has one monthly bill, and basic needs/care (clothing, personal items) managed by guardianship now. She receives an annual/once a year stipend from her Tribe of 700-1500 amount can sometimes be zero, not always guaranteed to receive. The amount takes care of her monthly bill, personal items, and pays the guardianship stipend. Amount is under 2000 allowed by Medicaid and is spent down as described every year. In Ohio do I need to be guardian of person and estate to manage this or can being just guardian, spend down money as described? What is the amount paid for guardianship in Ohio? If I move her to different county still in Ohio do I need to reapply for guardianship in different county, Lucas to Wood?

Related Topics:
1 Lawyer Answer
Aaron Epling
Aaron Epling
  • Probate Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: You may be required to 'transfer' the guardianship to the Ohio court. The Michigan court no longer has jurisdiction and may not be able to terminate the case unless it is being transferred. You bring up a couple other complicated issues. I recommend seeking counsel in the county in which the ward lives (or will live).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.