Incompetent Guardianship

1. A State of Expert Evaluation 17.1 (medical/psych) is required before any guardianship can be filed with Application for Appointment of Guardian of Alleged Incompetent 17.0.

2. The correct address of the ward is very necessary in order for the Court to complete the necessary service on the ward. The applicant or the attorney is responsible for notifying the Court where the ward can be served (particularly if the ward is residing in an institution and not their home.) If the ward is residing in his/her home or residing in the home of another person (relative, etc) the Court should be advised in order to serve the ward in care of a competent adult at the address.

3. If guardianship is for estate only, a bond is required for the personal assets of the ward. The amount of the bond is double the amount of the personalty (any asset other than real estate). The bond should be fully executed and signed by the principal (guardian) and the bonding company representative before it is presented to the Court for filing. The Letters of Guardianship will not be issued without the required bond being filed. The bond should be filed prior to the scheduled hearing. (Guardian's Bond 15.3)

4. All next of kin (next of kin of proposed ward 15.0) who reside within the State of Ohio must sign a Waiver of Notice and Consent 15.1 or be served with notice. The notice of hearing form is Notice of Hearing 17.4. The Probate Court will issue service to the ward.

5. The Oath of Guardian 15.9 must be signed before the Judge or a notary at the time of the hearing.

6. The guardian must file a Guardian's Inventory 15.5 within 90 days after his/her appointment. The inventory lists the assets of the ward and the value of those assets. No inventory is required if the guardianship is for the person only (must file an inventory if the guardianship is for the estate or the person and the estate).

7. The guardian is responsible for filing a Guardian's Report 17.7 every year from the date of his/her appointment. The Guardian's Reportmust be accompanied by a Statement of Expert Evaluation 17.1. The Guardian's Report tells the Court of the ward's physical/mental condition, living conditions, if the guardianship should be continued, etc. The Guardian's Report is required for the guardian of the estate, guardian of the person, or both.

8. The guardian is responsible for filing a Guardian's Account 15.8 every year from the date of their appointment. The Account shows receipts/income and any disbursements that are made from the guardian's assets. The account deals with the ward's assets (what he/she had at the beginning of the guardianship (as shown on the inventory) plus what he/she receives as income and how it is dispursed/spent). The guardian must produce cancelled checks or receipts for payment of all disbursements when filing the account with the Court.

9. The deposit for filing the Guardianship for an Incompetent is $174.00 and must be paid by either cash, credit card or a check from a law office. No personal checks will be accepted. Please confirm the amount with the clerk since filing fees may have changed.