Ohio Guardianship Law
Quick Guide to Guardianship in Ohio
Ohio Guardianship Laws
A detailed analysis of Ohio guardianship is provided by the Ohio State Bar Association, and the complete report can be found at the link provided.
Within this article, you fill find information about different kinds of Ohio guardianships, eligibility factors while determining any kind of guardianship, and information about obtaining guardianship rights in OH.
Different Kinds of Ohio Guardianship
Brief descriptions of Ohio guardianship are provided below:
1. Guardian of the person- this type of guardian helps the ward in a variety of ways and is paid through the ward’s assets. Common duties include providing food, shelter, clothing, health care, and the education of a minor child.
2. Guardian of the estate- this type of Ohio guardianship allows an entity to manage the following for the ward:
• all debts owed
• the collection of money owed
• settlements and adjustments of any assets received from the executor or administrator of an estate
• placing all funds into an account as fiduciary
• investing any assets wisely if funds are not needed at the time
• filing an official inventory and accounts of the estate on a regular basis with the court
Before becoming a guardian of the estate, the applicant must post a fiduciary bond double the probably value of the personal estate to the court.
3. Limited guardian- this type of Ohio guardianship is limited by the probate court after a ward has established what duties they do not want help with in the Order of Limited Guardianship.
4. Interim guardian- Ohio guardianships in this category occur when a former guardians has been permanently removed or resigned from their duties.
5. Emergency guardian- this type of Ohio guardianship is instituted by the probate court in emergency situations that endanger the ward unless they have supervision.
Eligibility Factors for Ohio Guardianships
In the state of Ohio, a related or unrelated guardian may be considered by the court. In cases involving minors, Ohio guardianships are usually first granted to appropriate family members, but a court may consider otherwise in the best interests of the child.
An Ohio guardianship is never granted to a convicted felon or person who shows the inability to provide the essential duties of a guardian. Additionally, the court will often hear testimony from a child if they are old enough to make a sound decision.
Steps for Establishing Ohio Guardianship
The list below provides general steps for obtaining Ohio guardianships, but there may be more steps involved in certain cases:
1. The incapacity of the person must be proved unless the party is a minor. In order to prove incapacity, the court must usually obtain a certificate from a doctor who examined the person.
2. A potential guardian must then file a petition with their local clerk, and if there are several parties trying to obtain guardianship, the issue may be contested in court. A link to all county clerks in Ohio is provided at the following link: http://www.ohiocourtlinks.org/.
3. If Ohio guardianships are granted, the guardian will normally have to file a bond with the court, and the court will decide if the guardianship should be final if the incapacitation is expected to last their entire life.