Emergency Guardianship
Adult
NOTE: These instructions are intended as a guideline only and should not be relied upon as a comprehensive list of duties in an Emergency 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.
An attorney is generally required to file for an emergency guardianship. This is a two-step process involving an ex parte review hearing before the Court and a 72 hour hearing. The decision of whether to grant an emergency guardianship ex parte order is solely within the discretion of the Court. All forms, including the statement of expert evaluation must be completely and accurately completed. Failure to comply may result in the Court denying the issuance of an ex parte order or rejecting specific forms. In addition, the reviewing physician must state with particularity what the nature of the emergency is and the exigent circumstances surrounding the need for an immediate order. If the Court determines that an ex parte order is not warranted, the Court will set the matter for hearing.
Upon the granting of an ex parte order, the Court will set a date and time within the 72 hours to have a further hearing to determine whether the emergency guardianship should continue for 30 more days.At the hearing, the doctor must appear (contact the Court for permission for the physician to appear by phone) and provide testimony that the situation is life threatening and that an emergency guardian should be appointed. If you are applying to be guardian of the estate you must have the bond in place to be appointed. The clerk will give you a copy of the entry. You must provide a copy of this entry to the incompetent before the next hearing. You may also be preparing the papers for a full guardianship in the meantime so the hearing can be set and service met.
Notice of the appointment and the hearing to continue the guardianship for 30 days must be given to the incompetent and to all interested parties prior to the hearing to continue the guardianship. The attorney must complete a praecipe for service and have it available at the time of the initial appointment of an Emergency Guardian (72 hours).
The ward must be an Adams County resident over 18 years of age;
The applicant must provide the identities, relationships and addresses for the persons required to be notified;
Copy of Driver’s License or Government issued picture ID of the applicant;
It is necessary to apply for full guardianship within the initial 72 hours of being appointed emergency guardian because the investigation takes considerable time and the emergency guardianship cannot be extended beyond the 30 day period. ;
If the applicant is applying to be an emergency guardian of the estate, the applicant must be bondable and a bond may be required before the appointment is made;
Court Costs deposit must be made.
The Court will perform a record check of the proposed emergency guardian before making an appointment
FORMS NEEDED TO FILE FOR EX PARTE ORDER:
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 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.
Form AC-412 Application for Emergency Guardianship ( Word | PDF )
S.C.Form 17.1A: Supplement for Emergency Guardianship of Person
S.C. Form 17.1: Statement of Expert Evaluation
Note: Must be signed by a licensed physician or Clinical Psychologist Only.
The signing medical professional must be available by phone or in person at the emergency hearing.
Judgment Entry Appointment of Emergency Guardian for an Incompetent Person
Prepared by the Court at the hearing
Powers will be limited to those necessary to prevent significant injury to the person and/or estate of the ward
Supreme Court Form 15.4: Letters of Guardianship
Prepared by the Court at the hearing
The powers are limited to those that are listed on the Ex Parte Judgment Entry
Supreme Court Form 17.3: Notice to Prospective Ward of Application and Hearing
Complete form with the name & address of the ward where they are currently located.
Supreme Court Form 17.4: Notice of Hearing for Appointment of Guardian of Alleged Incompetent Person
Complete form with the name and address of any interested parties that need to be served notice of the hearing to extend the emergency guardianship
Form AC-414 - Motion and Entry for 30 day Extension of Emergency Guardianship ( Word | PDF )
Complete form and sign
FORMS NEEDED AT HEARING TO EXTEND GUARDIANSHIP FOR 30 DAYS:
Form AC-414 - Motion and Entry for 30 day Extension - previously submitted
Results of background check from the sheriff.
Supreme Court Form 17.3: Notice to Prospective Ward of Application and Hearing
Prepared by the Court at the hearing
The powers are limited to those that are listed on the Ex Parte Judgment Entry
Supreme Court Form 17.3: Notice to Prospective Ward of Application and Hearing - for the 30 day hearing
Complete form with the name & address of the ward where they are currently located.
Supreme Court Form 17.4: Notice of Hearing for Appointment of Guardian of Alleged Incompetent Person - for the 30 day hearing
Complete form with the name and address of any interested parties that need to be served notice of the hearing to extend the emergency guardianship
Frequently Asked Questions
Under RC 2111.02(B) (3) an appointment of a guardian may be made by the Court in an emergency without notice to the individual (ward) or the family to serve only for a limited period of time and only for the protection of the ward from injury to the ward or the ward’s assets. There must be reasonably demonstrated certainty that immediate action is required to prevent significant injury to the person or estate of the minor or alleged incompetent person. When a need for the emergency guardian is determined to exist the Court may issue any order it considers necessary to prevent the threatened injury or mitigate the emergent situation.
Can the Emergency Guardianship be Extended?
The ex parte appointment is effective only for a maximum of 72 hours. A copy of the Court’s order must be served upon the individual as soon as possible after it is issued. With notice to the individual and other interested parties and with a hearing, the emergency guardianship may be extended for an additional 30 days.
What are the Powers of the Emergency Guardian?
The emergency guardian has only those powers set forth in the Court’s appointing order and those will be limited to the powers that are necessary to prevent the threatened injury to the individual’s person or property. The emergency guardian does not have the full powers held by a general guardian.
What if the Emergency Continues?
If there is a perceived need for a permanent guardian, an application for a full (or limited) guardianship should be commenced simultaneously with the filing of the emergency guardianship to permit timely processing and a full hearing before the expiration of the emergency appointment.
When does the Emergency Guardianship Terminate?
The emergency guardianship terminates on the earlier of the expiration of the effective period of the Court’s order (72 hours/30 days), the issuance of an order appointing a general Guardian for the individual, or upon other order of the Court.