In this video we look at the different types of guardianships for an incompetent adult in Ohio. There is a Guardianship of the Estate, Guardianship of the Person, and a Guardianship of the Person and the Estate.
In order to have a Guardianship established, a physician needs to complete a Statement of Expert Evaluation and state that the proposed Ward is incapable of caring for (1) their person, (2)their property, or (3) both. Once that’s been established, and the Application for Appointment of Guardian is filed, the Court sends an independent investigator to assess whether they feel a guardianship is needed as well.
A hearing is then held in the Probate Court. The Applicant is required to attend, and the proposed Ward is given notice of the hearing and is given the opportunity to attend as well. After considering the evidence, the Court determines whether a Guardianship is needed, and if so, will appoint the Guardian and issue Letters of Guardianship.
If you have questions about how to establish a Guardianship of an incompetent adult, please feel free to give one of our attorneys a call.