Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating an Action – Application for Appointment of Guardian:
A person applying for an appointment as a guardian will file an application for an appointment with the probate court. The application must include a statement of the whole estate of the ward, its probable value, and the probable annual rents of the ward's real property. The petition must also include:
(A) a statement whether the application has ever been charged with or convicted of any crime involving theft, physical violence, or abuse/addiction;
(B) a statement whether a limited guardianship is sought and a specification of the limited powers that are requested; also include a statement on how long the guardianship should last (definite or indefinite);
(C) an application for the appointment of a guardian of an incompetent person must include:
(1) name, age, and residence of the person for whom the appointment is sought;
(2) facts upon which the application is based;
(3) name, degree of kinship, age, and address of the next of kin of the alleged incompetent.
If found necessary, a probate court on its own motion or on application by any interested party may appoint a guardian of the person, the estate, or both, of a minor or incompetent, provided the person for whom the guardian is to be appointed is a resident of the county or has a legal settlement in the county. If the person for whom the guardian is to be appointed as an adult, the person must be a qualified respondent and have the opportunity to have the assistance of counsel in the proceeding for the appointment of that guardian. An interested party includes, but is not limited to, a person nominated in a durable power of attorney.
Except when the guardian of an incompetent person is an agency under contract with the Department of Developmental Disabilities, the guardian of an incompetent person, by virtue of the appointment as guardian, shall be the guardian of the minor children of the guardian's ward, unless the court appoints some other person as their guardian.
When the primary purpose of the appointment of a guardian is, or was, the collection, disbursement, or administration of money awarded by the veteran's administration to the ward, or assets derived from that money, no court costs shall be charged in the proceeding for the appointment or in any subsequent proceedings made in pursuance of the appointment, unless the value of the estate, including the money then due under the veteran's administration award, exceeds $1500.
Notice of Hearing:
No guardian of the person, the estate, or both will be appointed until at least seven days after the probate court has caused written notice, setting forth the time and place of the hearing, to be served as follows:
(a) Upon the person for whom the appointment is sought by personal service, by a probate court investigator, or in the manner provided in division (A)(2)(a)(ii) of this section. The notice shall be in boldface type and shall inform the alleged incompetent, in boldface type, of the alleged incompetent's rights to be present at the hearing, to contest any application for the appointment of a guardian for the alleged incompetent's person, estate, or both, and to be represented by an attorney and of all of the rights set forth in the statutes.
(b) After service of notice in accordance with division (a) of this section and for good cause shown, the court may appoint a guardian prior to the time limit specified in that division.
(c) Notice may not be waived by the person for whom the appointment is sought.
Appointment of Conservator:
A competent adult who is physically infirm may petition the probate court of the county in which the petitioner resides, to place, for a definite or indefinite period of time, the petitioner's person, any or all of the petitioner's real or personal property, or both under a conservatorship with the court. A petitioner either may grant specific powers to the conservator or court or may limit any powers granted by law to the conservator or court, except that the petitioner may not limit the powers granted to the court by this section and may not limit the requirement for bond as determined by the court. The petition shall state whether the person of the competent adult will be placed under the conservatorship, shall state with particularity all real and personal property that will be placed under the conservatorship, shall state the powers granted and any limitation upon the powers of the conservator or court, and shall state the name of a proposed suitable conservator.
After a hearing, if the court finds that the petition was voluntarily filed and that the proposed conservator is suitable, the court shall issue an order of conservatorship. Upon issuance of the order, all sections of the Revised Code governing guardianship of the person, the estate, or both, whichever is involved, except those sections the application of which specifically is limited by the petitioner, and all rules and procedures governing guardianship of the person, the estate, or both, shall apply to the conservatorship, including, but not limited to, applicable bond and accounting requirements.
A conservatorship shall terminate upon a judicial determination of incompetency, the death of the petitioner, the order of the probate court, or the execution of a written termination notice by the petitioner. A termination notice shall take effect upon execution by the petitioner, and shall be filed with the court and served upon the conservator. A termination notice executed by a petitioner relative to a conservatorship of the estate and the termination of a conservatorship of the estate based upon a termination notice is void unless the termination notice is filed with the court within fourteen days after its execution. Modification of the powers of a conservator or the court may be made by the petitioner upon motion to the court at any time during the conservatorship. Neither the establishment of a conservatorship nor the filing of a petition for conservatorship with the probate court shall be considered as evidence of mental impairment.
Upon motion to the probate court and a showing of good cause, the court may make confidential, or remove from confidential status, any file, record, petition, motion, account, or paper, except for an index, docket, or journal, that pertains to conservatorship and that is in the possession of the court.
Ohio Revised Code § 2111.023
Ohio Revised Code § 2111.02
Ohio Revised Code § 2111.04
Ohio Revised Code § 2111.021