Who Chooses or Selects the Guardian and Can Non-Residents of Ohio be Appointed? The Probate Court appoints and selects all guardians. An adult may nominate a guardian for themselves or for their incompetent adult child through a will, a power of attorney, or a specially prepared document.
Supported decision-making or SDM is an alternative to guardianship where individuals retain their right to make decisions for themselves, with the support of trusted individuals they choose.
If you want to be the guardian over an adult, there are many forms you must fill out to open a case. The forms tell the judge about you, anyone who wants to be a co-guardian with you, the person you want to be the guardian over, and why the guardianship is needed.
Application must include a statement of the guardian's willingness to perform as guardian, a bond as required by law, and, in the case of a prospective incompetent ward, a statement of the ward's mental and physical condition from a treating physician, psychiatrist, or licensed psychologist.
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.
The rules require guardians to visit the person under guardianship at least once every three months (four times per year). The visit has to be in person (i.e. not by phone or email) and the guardian himself or herself must visit, not someone delegated by the guardian to visit on his or her behalf.
Moreover, the prospective guardian is disqualified from being appointed if they have any felony convictions or certain other criminal convictions, if the prospective guardian has been determined by a court to have committed abuse, abandonment, or neglect against a child or vulnerable adult, or if they are found to be ...
There are four basic types of guardianships in Ohio: guardianship of the person, guardianship of the estate, limited guardianship, and emergency guardianship. Guardianship of the person: The guardian of the person is responsible for the ward's physical, moral, and mental well-being.