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The guardianship process for an Ohio resident is started by filing an application in the Probate Court of the county where the proposed ward resides. Unless certain conditions have been met, the proposed ward must have been a resident of Ohio for six months prior to the filing of the application.
If a Motion to Terminate Guardianship is filed, the judge will hold a hearing to determine whether the Guardian is unfit for his or her duties, and whether it is in the best interest of the Ward to have a new guardian appointed. The court has broad discretion in determining whether to remove a Guardian.
You can?and should?have an attorney representing you throughout this process. It is not easy to be appointed a guardian, and it is even more difficult to serve as a guardian. An experienced guardianship attorney can help you from day one.
[Supplementing Sup R 66] (A) Guardianships of Adults. All applications for the appointment of a guardian on the grounds of mental incompetency shall be accompanied by either a statement of a physician or clinical psychologist or a statement that the prospective ward has refused to submit to an examination.
The fact that the child has a guardian does not mean the parent has no rights. Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.