Ohio Entry Terminating Guardianship is a legal process that allows an adult to legally end a guardianship in the state of Ohio. This type of Entry is typically used when a minor is no longer in need of a Guardian, or when the Guardian is no longer able or willing to fulfill their duties. There are several types of Ohio Entry Terminating Guardianship, including voluntary surrender, judicial termination, consent order termination, and death of the minor. Each type of Entry requires a different set of documents and procedures to be completed. In order to complete the Entry, the proper forms must be submitted to the probate court, and any necessary fees must be paid. Once the Entry is completed, the Guardian will no longer have any legal authority over the minor.
Ohio Entry Terminating Guardianship
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FAQ
Section 2111.50 Probate court is superior guardian of wards. (A)(1) At all times, the probate court is the superior guardian of wards who are subject to its jurisdiction, and all guardians who are subject to the jurisdiction of the court shall obey all orders of the court that concern their wards or guardianships.
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.
Section 2111.05 Termination of guardianship based on value of ward's estate. When the whole estate of a ward does not exceed twenty-five thousand dollars in value, the guardian may apply to the probate court for an order to terminate the guardianship.
Section 2111.06 Guardian of the person. If the powers of the person appointed as guardian of a minor or incompetent are not limited by the order of appointment, the person shall be guardian both of the person and estate of the ward.
Normally, if mandated by a court, legal guardianship will supersede a Power of Attorney that is already in effect.
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.
If the guardian determines certain interactions would cause harm, the guardian may restrict visitation, but only to the extent necessary to prevent substantial harm. The person subject to guardianship may request a court hearing to remove restrictions.
To request a guardianship review hearing, you need to contact the court in writing. Disability Rights Ohio has a form you can use to ask the court for a guardianship review hearing to try to end your guardianship.