Disclaimer: This article provides general information about Ohio law and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Guardianship and conservatorship allow a court-appointed individual to care for an incapacitated person and/or manage their assets. In Ohio, probate courts oversee these roles under the Ohio Revised Code (Chapter 2111 for guardians and Chapter 2115 for conservators). The court acts in the proposed ward’s best interests. Below are the key steps:
1. Determine the Appropriate Role
- Guardian of the person: Makes decisions about health care, living arrangements, and daily care.
- Conservator of the estate: Manages financial affairs, property, and benefits.
2. File a Petition in Probate Court
File in the probate court of the county where the proposed ward resides. The petition must include:
- Names and addresses of the proposed ward and petitioner.
- Medical documentation or a physician’s certificate showing incapacity (see ORC 2111.02 for guardianship; ORC 2115.02 for conservatorship).
- Description of the specific powers requested.
- Estimated value of assets if seeking conservatorship.
3. Provide Notice to Interested Parties
Ohio law requires you to notify:
- The proposed ward.
- Their spouse and next of kin.
- Any current guardian or conservator.
- A court-appointed guardian ad litem, if applicable.
Service methods and timing follow ORC 2111.03.
4. Attend the Capacity Hearing
The court schedules a hearing to evaluate the proposed ward’s capacity. Expect to present:
- Medical expert testimony or written evaluations.
- Testimony from family members or caregivers.
The court may appoint a guardian ad litem to represent the ward’s interests.
5. Receive the Court’s Decision and Letters
If the court finds incapacity, it issues letters of guardianship or conservatorship spelling out your authority and duties. See ORC 2111.10 for guardianship powers. For conservatorship duties, refer to ORC 2115.12.
Helpful Hints
- Contact the probate court clerk early to learn about local forms, filing fees, and scheduling.
- Gather comprehensive medical records from a qualified physician to support incapacity claims.
- Consider proposing a guardian ad litem to ensure the proposed ward’s interests are fully represented.
- Remember to file annual reports detailing guardianship or conservatorship activities and accountings.
- When facing disputes or complex assets, seek legal assistance to safeguard both you and the ward.