How to File For Guardianship in Ohio

A Guardian Cares for Someone Who Cannot Care for Themselves

A Guardian is a person appointed by the probate court to be responsible for another person and/or that person's property. A Guardian may be necessary if a person cannot take care of themselves. The person who cannot take care of themselves is known as the ward. The person applying to take care of the ward is called the Applicant and, if approved, becomes the Guardian.

Guardianship is an involuntary process. A "voluntary guardianship" where, for example, a person understands they cannot take care of themselves and wants to have a Guardian appointed, is technically called a Conservatorship, and requires a slightly different process.

There are different types of Guardianships in Ohio, and each one has its own unique requirements. Understanding and meeting the requirements to become a Guardian can be quite technical, and requires professional expertise. If you are applying for an Ohio Guardianship, it is important that you hire an experienced Ohio Guardianship attorney.

Who Can Be a Guardian?

Being a Guardian is an important responsibility. A Guardian has a fiduciary duty to his or her ward. As a fiduciary, a Guardian has a legal duty to manage the ward's affairs in a way that is in the ward's best interests.

In certain complex cases, such as where acting as Guardian requires certain financial expertise, a Guardian may charge a fee. Any fees must be reasonable, and approved by the probate court.

A Guardian cannot be a person who provides a direct service to the proposed ward, such as a nursing home, nurse or home health aide, or a transportation service provider.

How Do I Become a Guardian?

Complete an Application for Guardianship

To apply for a Guardianship, you must complete a Guardianship Application. Applications are available on probate court websites, or at the probate court itself. You must file the Application for Guardianship in the probate court of the county in which the proposed ward lives. If the proposed ward is under age 18, please note that there is a different Application, and a slightly different process.

Background and Credit Checks

In addition to completing the Application, the Applicant must undergo a background check. Some counties may also require a credit check as part of the application process, as well. The Applicant must complete a 6 hour Fundamentals of Guardianship course offered by the Ohio Supreme Court. Once appointed, the Guardian must complete 3 hours of continuing education every year, and submit a record of completion of the course by January 1 of each year.

Statement of Expert Evaluation

In addition to the Application, the Applicant must have a medical professional prepare a report called a Statement of Expert Evaluation. Depending on the specific circumstances, the medical professional may be a medical doctor, a psychologist, or a psychiatrist. The medical professional will talk to and evaluate the proposed ward to determine whether a Guardianship is necessary.

The probate court will send a court investigator visit the proposed ward to evaluate whether a Guardian is necessary. The investigator will submit his or her report to the probate court.

Guardianship Hearing

After the filing of the Application, the probate court will schedule a hearing. All of the proposed ward's next of kin will be notified of the scheduled hearing and can either consent to the Guardianship, attend the hearing, or sign a waiver giving up their right to attend the hearing. If the court receives no response, it will assume there is no contest to the proposed guardianship.

To appoint a Guardian, the court must find that the proposed ward is incompetent. Legally incompetent people may have a mental impairment or illness, a developmental disability, or be a chronic substance abuser. The Applicant must prove to the probate court that the proposed ward is unable to care for their basic needs — that they cannot properly care for themselves, their property, or others under they care.

At the hearing, the court will hear testimony from the proposed ward, any next of kin or other interested parties, and will review the medical and investigative reports. The proposed ward and the Applicant both have the right to an attorney. If the proposed ward cannot afford an attorney, one may be provided.

After reviewing all the evidence, the judge will issue a written order. If either the ward or the applicant disagrees, the judge's decision can be appealed.

Once Guardianship Is Approved

Once you become a Guardian, it is beneficial to work with an experienced Ohio Guardianship attorney so that you understand and comply your fiduciary duties to the ward.

Questions about Ohio Guardianship?

Whether you're applying to become a Guardian, or someone is seeking a Guardhainship over you, If you have questions about Guardianship in Ohio, contact us at Wolfe Legal Services today. I work with people throughout the greater Columbus area, including Dublin, Bexley, Upper Arlington, Marysville, Hilliard, Delaware and Newark, and throughout Franklin County, Delaware County, Union County, and Licking County. Call (614) 263-5297 any time or complete our online form.