Guardianship

What is a Guardian?

An Ohio guardian is an individual or association appointed by the local Probate Court that is legally responsible for an incompetent person and/or the person’s property. Guardians must advocate for their client’s health, quality of life and in some cases their financial well-being.

Who Needs a Guardian?

Adults who cannot make decisions for themselves due to…

  • Mental Impairment
  • Developmental Disabilities
  • Substance Abuse

To submit an Ohio guardianship application:

  1. Find Statement of Expert Evaluation form on local probate court website.
  2. Have licensed clinical psychologist or licensed physician complete form.
  3. Submit all original signed and completed documents, as well as the court’s application packet to probate court within 3 months of completion.

What are the Responsibilities of a Guardian?

  • Advocate for clients in all facets of life.
  • Follow the Standards of Practice and Ethical Principles to guide decision making.
  • Complete required initial and annual guardianship education courses.
  • Ensure related court documents are submitted in accordance with local Probate Court standards.
  • Additional requirements differ depending on the type of guardianship appointed.

Types of Guardians?

Including, but not limited to:

  • Guardianship of person
  • Guardianship of estate
  • Co-Guardianship
  • Interim guardianship
  • Emergency Guardianship (in limited situations, with additional documentation/fees required)

You can contact your local Probate Court for more information regarding each.

Standards of Practice & Ethical Principles

  1. A guardian treats the person with dignity.
  2. A guardian involves the person to the greatest extent possible in all decision making.
  3. A guardian selects the option that places the least restrictions on the person’s freedom and rights.
  4. A guardian identifies and advocates for the person’s goals, needs, and preferences.
  5. A guardian maximizes the self reliance and independence of the person.
  6. A guardian keeps confidential the affairs of the person.
  7. A guardian avoids conflicts of interest and self-dealing.
  8. A guardian complies with all laws and court orders.
  9. A guardian manages all financial matters carefully.
  10. A guardian respects that the money and property being managed belongs to the person.