How do I petition for guardianship or conservatorship in Ohio?

1. Terminology. Ohio uses 'guardian'; a voluntary 'conservatorship' under R.C. 2111.021 lets a competent adult ask the probate court to supervise their affairs without an incapacity finding.

2. Adult Guardianship. Under R.C. 2111.02, the probate court may appoint a guardian for an 'incompetent' — one so mentally impaired by mental illness, intellectual disability, or chronic substance abuse that they cannot care for themselves or property.

3. Minor Guardianship. Under R.C. 2111.06, available when parents are deceased, suspended, or have lost custody; testamentary guardian provisions in R.C. 2111.12.

4. Petition. File in the probate court of the county where the proposed ward resides. Personal service on the proposed ward at least seven days before hearing (R.C. 2111.04); notice to next of kin.

5. Court Investigator / GAL. The court appoints an investigator to interview the proposed ward (R.C. 2111.041); counsel must be provided if the proposed ward is indigent and requests it.

6. Capacity Evaluation. A 'Statement of Expert Evaluation' from a physician or licensed psychologist completed within three months of filing is required (Sup. R. 66.03); clear and convincing evidence standard.

7. Hearing & Order. Proposed ward has the right to attend, to counsel, and to a jury trial under R.C. 2111.02(C). Court must consider the least restrictive alternative.

8. Powers & Duties. Bond required (R.C. 2109.04); inventory within three months; biennial accounting (annual for some estates); court approval for sale of real estate (R.C. 2127.01 et seq.).

9. Alternatives. Durable POA (R.C. Ch. 1337), health care POA (R.C. 1337.11), living will (R.C. 2133), and the voluntary conservatorship under R.C. 2111.021.

10. Termination. Termination on restored competency (R.C. 2111.47), death, or minor reaching 18.

11. UAGPPJA. Ohio adopted UAGPPJA at R.C. 2112.01-2112.78.

This is legal information, not legal advice.