Guardianship in Ohio

About Guardianship

Many families who have children with moderate to intensive special needs seek to obtain guardianship of their child once the child turns 18 years old. Parents/caregivers obtain guardianship for a multitude of reasons. Please read below for details.

Types of Guardianship:

• Guardianship of the Estate - Guardianship of the estate gives the guardian the authority to make all financial decisions for the ward.

• Guardianship of the Person - Guardianship of the person gives the guardian the authority to make day-to-day decisions of a personal nature, except financial decisions, on behalf of the ward. Such decisions would include such things as arrangements for food, clothing, living arrangements, medical care, recreation and education. It includes consent for medical care and other treatment or training programs such as individual habilitation plans (IHPs).

• Guardianship of Person and Estate - The court can appoint a guardianship of person and estate which gives the guardian the authority to make nearly all decisions for the individual, and combines the authority of guardianship of person and guardianship of estate.

• Emergency Guardianship - Emergency guardianship allows a probate court to issue any order that it considers necessary to prevent injury to the person or the person's estate or may appoint someone as guardian without prior notice to the person and without a formal hearing when: 1) an emergency exists, and 2) a guardian is necessary to prevent injury to the person or estate of the person who is incompetent. This initial appointment of an emergency guardian may last for a maximum of seventy-two hours. For good cause shown, after notice to the person who is incompetent and other interested parties, and after a hearing, the court may extend an emergency guardianship for a specified period of time, but not to exceed an additional thirty days.

• Interim Guardianship - An "interim guardian" is a guardian appointed after a former guardian has been removed or resigns when the welfare of the ward requires immediate action.

• Co-Guardianship - Co-guardianship is when two people are appointed to act as guardian for someone at the same time.

• Limited Guardianship - Limited guardianship allows a probate court to appoint someone as guardian over only the portion of a person's life where he or she is both incompetent and has a need. Thus, there can be a limited guardian for medical purposes only (to provide consent for medical procedures), or for placement purposes only (admission to a group home), or for the limited purpose of approving behavior plans and/or psychotropic medications. This less restrictive form of guardianship should be used instead of full guardianship whenever possible. A ward for whom a limited guardian has been appointed retains all rights in all areas not covered by the court's order.

Alternatives to Guardianship

Power of Attorney: A "Power of Attorney" is a legal document that authorizes another person to act on behalf of a person. A power of attorney can grant complete authority or can be limited to certain acts and/or certain periods of time. In Ohio, there are laws that define several kinds of legal documents by which a person may name other people to speak for them.

• Learn more about powers of attorney in the Advance Directives section of the LRS website

Social Security Representative Payeeship: The Social Security Administration (SSA) has a program that provides financial management for people who are having difficulty managing their Social Security or Supplemental Security Income (SSI) payments. The SSA first looks for family or friends to be a "representative payee." If family or friends are not available, SSA looks for qualified organizations to be a representative payee.

• Learn more in the Representative Payee Program section of the SSA Web site.

Adult Protective Services for adults with developmental disabilities (DD): Protective services are available for adults with DD through the person's local county board of DD.

• Contact the county board of Developmental Disabilities for more information.

Adult Protective Services for the elderly: If an elder lives in a nursing home or adult care facility and has unmet needs or problems with care, the Long-term Care Ombudsman Program of the Ohio Department of Aging can help.

• If an elder is suspected of being abused or neglected, contact the person's county department of Job and Family Services.

Protection orders: A "protection order" is an order that lists a condition to provide safety and security for a specified person. A protection order may be used to order someone who is hurting a person or threatening to hurt a person to stay away and not have any contact.

• To get a protection order, contact your local civil or criminal court.