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WHAT IS A GUARDIANSHIP AND WHY IS A GUARDIANSHIP NECESSARY?

A guardianship is a legal relationship ordered by a Probate Court where one person has the legal authority and duty to care for another's person or property due to the other person's minority, incapacity, or disability. The person who is incapacitated, disabled, or a minor is called the "ward." The person who is appointed by the Probate Court to be responsible for the ward's person or property is called the "guardian."

A guardianship for an adult can be avoided most times if the adult who is incompetent or incapacitated executed a Durable Power of Attorney and a Durable Power of Attorney for Health Care prior to the person becoming incompetent or incapacitated.

We can assist you or a relative with obtaining a Durable Power of Attorney and a Durable Power of Attorney for Health Care.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: (513) 631-0022.

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