Legal Question in Elder Law in Ohio

legal guardianship and exutor

I am already POA (med. & durable), and named executor of my grandmothers will. Ive filed for legal guardianship (physical). Can I legally be both executor and guardian?

Asked on 6/04/09, 9:34 pm

1 Answer from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: legal guardianship and exutor

Yes you can, but these are two different roles, actually three as you describe them. Your POA means you are appointed to make or help make decisions about your grandmother's health care. As guardian, your grandmother would become your ward, and you would manage her finances and her living needs, if you are appointed guardian of the person AND of the estate. The job of executor occurs upon your grandmother's death and applying with the court to administer her estate. Hope this helps.

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Answered on 6/08/09, 11:05 am

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