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The Calm Among the Storm – In each post of this blog series, Schneider Bell attorney Veronica Garofoli answers a real question she sees from families, fiduciaries, financial advisors, and CPAs — focused on the moments when a situation first becomes unstable, and what actually protects people under Ohio probate and trust law.
Answer
Because well-meaning people make legally fatal decisions. In Ohio, power comes from appointment, not assumption. Acting without authority exposes families and advisors to reversal, surcharge, and litigation. Much of my work is confirming who legally controls what—and freezing activity until that is resolved.
The calm move isn’t to rush. It’s to confirm authority first. No authority. No action.
Additional Insights
Being helpful is not the same as having authority.
Some of the most damaging probate mistakes happen before anyone has been appointed.
- A death.
- A medical crisis.
- A scramble to “handle things.”
- Bills get paid.
- Accounts get moved.
- Advisors get calls.
- Property gets listed.
In Ohio, authority doesn’t come from being closest. It comes from legal appointment.
Actions taken without authority are often unwound. They create personal exposure. They pull advisors into conflicts they didn’t sign up for.
A big part of my early involvement is simply stopping the motion. Identifying who actually has legal power. Freezing activity until that’s clear. Putting structure around a moment that feels urgent but isn’t organized.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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