NOTE: These instructions are intended as a guideline only and should not be relied upon as a comprehensive list of duties in a Guardianship. Remember to fill out the County Name (Adams) and the Division of the Court (Probate). The name of the Judge to be used on the forms is Brett M. Spencer. The name of the Magistrate to be used on the forms is David M. Hunter. All forms should be typewritten or legibly printed.
A person can apply to be Guardian of the Person, Estate or Person & Estate of an alleged incompetent when the applicant believes that an adult is incompetent as defined by statute.
When a Guardianship of the Estate of an Incompetent or a Guardianship of the Person & Estate of an Incompetent is established there must be joint control of those monies between the guardian and an attorney.
A filing fee is required at the time of filing.
Form AC-007 - Authorization for Background Search (Word | PDF ) with applicant's information - authorizes a search of Ohio Court Network - Ohio Records only. A Sheriff's department background check (FBI) is also required preferably with the initial filing but may be submitted at the 72 hour hearing.
Form AC-007 - Authorization for Background Search (Word | PDF ) with alleged incompetent's information - may be signed by attorney or applicant.
Supreme Court Form 17.0: Application for Appointment of Guardian (an Alleged Incompetent)
Supreme Court Form 15.0: Next of Kin of Proposed Ward
List all next of kin (those people who are closest blood relatives) of the alleged incompetent.
Be sure to specify complete addresses of all those listed. If the address is unknown, please state so.
Fill in the name of the alleged incompetent only,
Supreme Court Form 15.1: Waiver of Notice and Consent
Have next of kin of the proposed ward execute form.
If unable to obtain all waivers, certified mail service must be completed on those that did not sign waivers (See form 16.4)
Supreme Court Form 15.2: Fiduciary's Acceptance - Guardian
Supreme Court Form 66.05 Affidavit of guardian applicant
Form must be notarized
Supreme Court Form 17.1: Statement of Expert Evaluation
A Licensed Physician or a Licensed Clinical Psychologist must evaluate the alleged incompetent and complete the form at th einitial appointment of the Guardian.
For annual report the Guardian must have a Licensed Physician, Licensed Clinical Psychologist, Licensed Independent Clinical Social Worker, Licensed Professional Clinical Counselor or Developmental Disability Team evaluate the ward and complete the form and must be filed together with the Guardian's report (Form 17.7).
Date of evaluation must have been within 3 months of filing of the application.
Supreme Court Form 17.3: Notice to Prospective Ward of Application and Hearing
Complete form.
Make certain that correct daytime address of the proposed ward is provided (e.g., school, workshop, hospital, etc.).
The Court will fill in hearing date & time and sign & date the form.
Supreme Court Form 17.4: Notice of Hearing for Appointment of Guardian of Alleged Incompetent Person
List next of kin of the alleged incompetent who have not waived notice (form 15.1).
Complete certified mail on each person listed.
Complete affidavit on back of form.
Present to the Court the certified mail return (green card) from each individual who did not waive notice.
Supreme Court Form 15.9: Oath of Guardian
Complete form, but do not sign. Oath must be executed in front of the Court
Supreme Court Form 15.4: Letters of Guardianship
Complete form.
The court clerk will sign and date, if guardianship is granted.
Supreme Court Form 15.3: Guardian's Bond
For Guardianship of the Estate of an proposed ward, the applicant is required to execute a bond.
Applicant must execute and date form.
Bond must be executed by a surety company.
The bond amount is twice the value of the proposed ward’s personal property.
Supreme Court Form 15.3: Guardian's Bond
For Guardianship of the Estate of an proposed ward, the applicant is required to execute a bond.
Applicant must execute and date form.
Bond must be executed by a surety company.
The bond amount is twice the value of the proposed ward’s personal property.
Supreme Court Form 15.5: Guardian's Inventory - If the guardianship is for the Estate or Person & Estate, the guardian must file an Inventory specifically listing the assets of the incompetent and the value of those assets. Must be filed within 3 months of appointment. The Court may schedule a hearing if there are questions.
Supreme Court Form 15.6: Application to Release Funds to Guardian
To obtain the right for the guardian to release funds, complete form.
Specifically list the name of the financial institution, the type of account and the account number.
Supreme Court Form 15.7: Application for Authority to Expend Funds
If a Guardianship of the Estate is established, all expenditures made by the guardian have to be approved by the Court prior to the time the expenditures are made.
- All applications for release of funds shall specify the exact amount to be released, the financial institution holding the fund, its address, and the person in whose name the fund is held. None of a ward's assets may be accessed through an automated teller machine, debit card, or the ward’s credit cards. Electronic payment of routine and recurring expenses is permitted upon receiving approval of an Application for Authority to Expend Funds.
Supreme Court Form 15.8: Guardian's Account
From the date of their appointment, the Guardian of the Estate is responsible for filing of an annual account. Every year from date of appointment.
Specifically list the assets of the ward that were listed on the Inventory (15.5) plus all income and disbursements.
A hearing may be scheduled
When filing a final account, the guardian shall serve ordinary mail notice on all of the ward’s next of kin, unless waivers are obtained.
Supreme Court Form 17.5: Judgment Entry Appointment of Guardian for Incompetent Person
Supreme Court Form 17.7: Guardian's Report
Filed Annually
Supreme Court Form 17.1: Statement of Expert Evaluation (for Guardian's Report)
For annual report the Guardian must have a Licensed Physician, Licensed Clinical Psychologist, Licensed Independent Clinical Social Worker, Licensed Professional Clinical Counselor or Developmental Disability Team evaluate the ward and complete the form and must be filed together with the Guardian's report (Form 17.7).
Date of evaluation must have been within 3 months.
Supreme Court Form 17.8: Court Investigator's Report on Proposed Guardianship