Lake
County Court of Common Pleas
Probate Division
Ted Klammer, Probate Judge
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Ted Klammer, Probate Judge |
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Lake County |
Duties of Guardian
If the guardian (or ward) changes his name, address, or intends to move out of Lake County, he MUST immediately give notice in writing to the court.
EXPENDITURE OF FUNDS – Before making any expenditure of the ward’s funds, including support, maintenance, or education of the ward, the Guardian MUST first obtain the approval of the Probate Court and MUST have filed an inventory.
INVENTORY – Within three (3) months after his appointment, every Guardian shall make and file a full inventory, verified by oath, of all the property of his ward with its value and the value of the yearly rental of the real estate.
INVESTMENTS BY GUARDIANS – A Guardian may not borrow money from the guardianship nor lend guardianship funds to a member of his family. It is recommended that in cases in which the Guardian is not experienced in the investment fields, funds not necessary for the day-to-day operations be deposited in federally insured savings accounts in banks or building and loan associations. Approval MUST be obtained from the Court before making investments.
ACCOUNTS OF GUARDIANS – Every Guardian shall render his account of administration of the ward’s estate at the end of the first year from his appointment and thereafter once every year. Also file annual guardian’s report. Receipts MUST be submitted with accounts to prove expenditures. It is recommended that Guardians open separate checking accounts in the name of the Guardianship so that they will be sure to have such receipts. Every Guardian MUST, at the time he files his account, submit a statement from the bank to prove his bank balance. In addition, passbooks for savings accounts or securities such as stocks, bonds, etc.., must be exhibited to the court.
SPECIAL PROVISIONS FOR GUARDIANS UNDER THE UNIFORM VETERANS GUARDIANSHIP ACT – Every Guardian who has received or shall receive on account of his ward any moneys or other things of value from the Veterans Administration, shall file an account with the Court every year on the anniversary date of appointment. The Veterans Administration is a party in interest in each Veterans Guardianship case and takes an active part in supervision of the prompt administration of each such case. When preparing papers for filing in Veteran’s cases, an extra copy MUST be made for filing with the Veterans Administration.
MISCELLANEOUS – If a Guardian fails to make and file an inventory, as required by law, or to render a true accounting of his administration at the time required by law, and if such failure continues for thirty (30) days after he has been notified by the Probate Court of the expiration of such time, the Guardian may forthwith be removed by the Probate Court and shall receive no allowance for his services unless the Court finds that such delay was necessary and reasonable. It is NOT the responsibility of the Court to notify the Guardian when filings are to be made. When the assets of the ward are less than $10,000.00 it is urged that the Guardianship be terminated and the funds placed in a trust account for the minor. Note: This abstract of Ohio Law does not cover all of the requirements for the conduct of a guardian and is furnished only for the purpose of impressing upon Guardians their basic duties. If specific advice is necessary, Guardians should consult counsel, since the Probate Judge and his Deputy Clerks are not permitted by law to give legal advice. A Guardian of an incompetent must submit a Visitor’s Report every two months.
TED KLAMMER, JUDGE
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