Recent News

April 18, 2008

Guardian of the Estate

~ written by Magistrate Kelly C. Patton

As the overall population in the U.S. becomes older with the emergence of the baby boomer generation into retirement, the number of guardianship cases through the country will undoubtedly reach record numbers in the next ten to twenty years. Whether you are a new practitioner or have managed over the years to either intentionally or unintentionally avoid the area of guardianship law, more than likely you will soon find yourself faced with guardianship questions from a client who is or wants to be appointed guardian or possibly find yourself faced with issues surrounding a declining family member, loved one, or client.

Being guardian of an adult incompetent’s person or guardian of an adult incompetent’s estate are both equally important roles to assume. Nonetheless, more questions and difficulties arise for individuals acquiring the role of guardian of the estate. The obligation to investigate and determine a ward’s assets provides the first challenge. What to do with the assets in order to protect and preserve the ward’s interests and the appropriate documentation required in reporting those assets, proves to be the next obstacle. Finally, the time frame in which to accomplish all these duties adds a new level to the challenges already facing a new guardian of the estate.

Learn how to prepare your client or yourself for the role of guardian of the estate by understanding the necessary steps once assets are identified; knowing how to prevent further exploitation of those assets; and identifying what reports to file, when to file, and tips on proper completion and record keeping.

To learn more about “Guardian of the Estate: The Investigator, Protector, and Reporter” to be presented by Magistrate Kelly C. Patton of Franklin County Probate Court, plan to attend the 2008 Probate Law Institute on Friday, May 9 between 9:00 a.m. – 4:00 p.m. for 6.0 hours of CLE credit.

Other topics to be discussed during the institute include “Attorney Fees in Probate Matters” with Judge Lawrence Belskis; “Recent Judicial and Legislative Developments” with R. Douglas Wrightsel; “Tax Apportionment: How It Works, Why It Matters” with Robert R. Dunn; “Special Needs Trusts Including Applicable Ohio Trust Code Provisions” with Thomas J. Bonasera; “60 Law Office Technology Tips, Tricks and Websites in 60 Minutes” with Paul J. Unger; “Funeral Arrangements, Child Care, Mental Health, and Other Concerns of Clients in Drafting Estate Plans” by Jay E. Michael; and “Charitable Gift Annuities and Donor Advised Funds” to be presented by J. Bradley Britton of The Columbus Foundation.

Click here to register online, or phone 614/221.4112 for event #3704. The cost is $195 prepaid/$210 day of for members, $250 prepaid/$265 day of for non-members and $170 prepaid/$185 day of for paralegals. This event usually sells out, so it is a good idea to register early.