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Ohio Guardianship

Guardianship

When a person can no longer manage his or her own life, and other options that are less restrictive are not available, then the court may appoint a person to make decisions for another person.


Less Restrictive Alternatives

  • Power of attorney

A power of attorney can be limited or broad.  It can allow another to completely control your life.  It can be restricted so that only one small task is given to the other person.

  • Social Security Representative Payeeship

If a person is having problems managing their Social Security of Supplemental Security Income (SSI) payments, a representative payee can be appointed.  Even if there is no family or friends, there are qualified organizations that can help.

  • Adult Protective Services (for adults with developmental disabilities)

The local developmental disability board can help.

  • Adult Protective Services for the elderly

If in a nursing home, the Ohio Department of Aging has an ombudsman who can help.  Elder abuse should be reported to the county department of jobs and family services.

  • Protection orders

These orders keep people who are threatening or hurting another person away.

  • Trusts

A trust can be used to handle funds.  A trustee would be appointed to oversee the trust.

  • Conservatorship

A conservator can be appointed by the court to manage certain aspects of the life of a mentally competent adult.  If a person is mentally competent but has a physical disability, the person can ask the court

  • To appoint a conservator
  • To choose the person who will become the conservator
  • To dismiss the conservator
  • To specify what authority he or she wants the conservator to have
  • To ask the conservatorship be ended

When those won't work:  Guardianship

A person who is appointed to look after the affairs of another is called a guardian.  The person affected is the ward.

 

Types of Guardianship

Guardianship of the Estate

This gives the guardian control over the financial decisions of the ward.

Guardianship of the Person

This gives the guardian control over everything else, outside of finances.  Where the person lives, whether they are hospitalized, food, clothing and all other life issues are controlled by the guardian.

Guardianship of the Person and Estate

Here the guardian controls everything about the ward.

Emergency Guardianship

The court issues any order it considers necessary to prevent injury to the person or the person's estate.  The court may appoint a guardian without prior notice to the person and without a hearing.  This requires an emergency and evidence of incompetence.  The order lasts for seventy-two hours.  The order can be extended for no more than thirty days.

Interim Guardianship

This is a guardian appointed to take the place of a guardian who can no longer serve and the estate requires an immediate appointment.

Co-Guardianship

When two people are appointed guardian for someone at the same time.

Limited Guardianship

If the person is both incompetent and has a need, it may appoint a guardian over only a portion of the ward's affairs.  This might be for placement issues, medicine, medical procedures or other such limited uses.

Fighting a Guardianship

Fighting a Guardianship


The Ohio Legal Rights Service booklet

Ohio LRS Guardianship Booklet     A local copy of that same booklet

Ohio Developmental Disabilities Council booklet

Ohio DD Council Booklet     A local copy of that same booklet