The probate court handles over 600 various duties assigned by the Ohio Revised Code. The majority of these duties surround the death or incapacity of an individual. “Elder Law” is an umbrella term for the interdisciplinary approach to the legal needs of aging populations. This can include planning for incapacity, dealing with long-term illness, qualifying for Medicaid, or planning your estate. Attorney Jonathon “JC” Elgin is experienced in assisting families in elder law and planning.
Estate & Trust Administration
The probate court oversees the administration of estates and trusts. Whether someone passes with our without a will, the estate will likely interact with the probate court is some manner. Attorney Elgin is experienced at representing executors and administrators and helping the estate process go smoothly.
Sometimes, a trustee, executor, or administrator is not acting in the best interest of the estate or its beneficiaries. At that point, it becomes critical for the beneficiary to seek legal counsel as soon as possible. The probate process has strict deadlines built in and beneficiaries waive their right to object if these deadlines pass. Attorney Elgin has represented beneficiaries in estate and trust disputes throughout Ohio.
Sometimes it becomes necessary to obtain legal guardianship of a loved one who has been determined to be incompetent. Attorney JC Elgin represents applicants, family members, and proposed wards (the adult subject to the case). The guardianship process is complicated there is a high evidentiary standard to prove incompetence. An experienced probate attorney can help you navigate the process.
A conservatorship is a voluntarily relationship where a physically infirm adult delegates legal authority to manage one’s affairs to someone else. This is often used when an individual has a degenerative disease but has the mental capacity to consent to a caregiver or other individual to manage their affairs.
Adult Protective Services
The probate court hears adult protective matters. Attorney Elgin formerly represented Richland County Adult Protective Services in proceedings to protect adults from abuse, neglect, and exploitation. Attorney Elgin now represents families and adults subject to adult protective services orders.
The probate court deals with lots of sad matters. Adoptions are the occasional joyous moments in the probate court. Whether the adoption is of a minor, stepchild or even an adult loved one, the probate court hears the matter and applies the standards enumerated in the Ohio Revised Code. Attorney Elgin helps families through the adoption process from exploration to the final decree.
Guardianship of Minors
When a minor has no parent living or able to parent, and they are not subject to custody orders in juvenile or domestic relations court, the probate court has jurisdiction to determine guardianship. Guardians can be nominated in a writing like a will, but the court still has final say, based on the law, as to who will serve as guardian of a minor. Attorney Elgin has helped family and non-family members obtain guardianship of minors when both parents have passed or are not capable of parenting.