Guardians owe a fiduciary duty – a special duty – to act in
the best interest of their ward. In order to do that, they should
see their ward often, and ask the ward what he wants in a given situation.
A guardian’s authority derives from the probate court, the Superior Guardian. As such, the guardian should be able to seek advice from the probate court as to his duties. The guardian may need to submit a Motion to ask the Court what to do in a given situation.
The authority of a guardian is restricted to that given to him in his Letter of Guardianship. If the guardianship awarded is a Plenary Guardianship (Guardianship of Person and Estate), the authority of the guardian has very few limits, but is as complete as allowed by Ohio law and the probate court with jurisdiction of the guardianship.
Ohio law also indicates that a guardian "shall be the guardian of the minor children of his ward" unless the court appoints someone else. (Revised Code Section 2111.02).
A guardian’s authority derives from the probate court, the Superior Guardian. As such, the guardian should be able to seek advice from the probate court as to his duties. The guardian may need to submit a Motion to ask the Court what to do in a given situation.
The authority of a guardian is restricted to that given to him in his Letter of Guardianship. If the guardianship awarded is a Plenary Guardianship (Guardianship of Person and Estate), the authority of the guardian has very few limits, but is as complete as allowed by Ohio law and the probate court with jurisdiction of the guardianship.
Ohio law also indicates that a guardian "shall be the guardian of the minor children of his ward" unless the court appoints someone else. (Revised Code Section 2111.02).