Guardianships

What is a Guardianship?

A guardianship in Ohio is a legal relationship in which the probate court appoints an individual or entity, known as the guardian, to make decisions on behalf of a person, known as the ward, who is deemed incapable of managing their own affairs. Guardianships are typically established for individuals who suffer from physical or mental impairments, such as cognitive disorders, mental illnesses, or developmental disabilities, which limit their ability to make decisions independently.

Guardianship can cover a wide range of areas, including personal care, healthcare decisions, and financial management. Guardians can be appointed to manage the ward's personal, medical, and/or financial affairs depending on the level of incapacity and the needs of the ward.

Types of Guardianships in Ohio

Ohio law recognizes several types of guardianships depending on the needs and circumstances of the ward. The main types of guardianships are:

1. Full Guardianship (Plenary Guardianship)

A full guardianship, also known as plenary guardianship, grants the guardian broad authority to make decisions for the ward in all aspects of their life. This includes decisions about healthcare, living arrangements, personal care, and financial management. Full guardianships are typically granted when the ward is completely unable to make decisions for themselves due to severe physical or mental incapacity.

In cases where a person has a debilitating condition such as advanced Alzheimer's disease or severe developmental disabilities, a full guardianship may be necessary to ensure the ward’s safety and well-being.

2. Limited Guardianship

A limited guardianship is granted when the ward is capable of making some decisions on their own but requires assistance in specific areas of their life. A limited guardian has authority only over the areas specified by the court. For example, the court may appoint a limited guardian to make healthcare decisions for the ward while allowing the ward to maintain control over their financial matters.

Limited guardianships are often used when the ward retains some degree of decision-making capacity but needs assistance with complex or specialized matters. This type of guardianship allows the ward to maintain as much independence as possible.

3. Temporary Guardianship

A temporary guardianship is established in emergency situations where a person needs immediate decision-making assistance but the full guardianship process has not yet been completed. Temporary guardianships in Ohio are typically granted for a short period (up to 90 days), giving the appointed guardian the authority to make immediate decisions on behalf of the ward until a permanent guardianship can be established.

Temporary guardianships are often used in situations where a person is incapacitated due to an accident, sudden illness, or mental health crisis, and the court must act quickly to ensure that the individual’s needs are met.

The Process of Establishing a Guardianship in Ohio

The process for establishing a guardianship in Ohio involves several steps, which typically take place in the probate court of the county where the ward resides. Below is an overview of the process:

1. Filing a Petition for Guardianship

The first step in the guardianship process is for an interested party (often a family member, spouse, or close friend) to file a petition for guardianship with the probate court. The petition must include information about the ward’s condition and the reasons they are unable to manage their affairs. It must also include the proposed guardian's name and qualifications.

Additionally, the petitioner must provide medical evidence, typically in the form of a physician’s report or evaluation, to demonstrate the ward’s incapacity. This evidence should detail the nature of the ward’s condition, the extent of their incapacity, and the need for a guardian.

2. Notice of Hearing

Once the petition is filed, the probate court will schedule a hearing to consider the guardianship petition. The court will provide notice to the proposed ward, as well as other interested parties (such as family members or close friends), informing them of the time and date of the hearing. If the ward is able to understand the proceedings, they have the right to attend the hearing and object to the guardianship. If the ward is unable to attend due to their incapacity, the court may appoint a guardian ad litem to represent the ward’s interests at the hearing.

3. Court Hearing

At the hearing, the probate judge will review the evidence, including the medical report, and listen to testimony from the petitioner, the proposed guardian, and any other relevant parties. The court will also consider whether the proposed guardian is suitable to assume the responsibilities of guardianship.

If the court determines that the ward is indeed incapacitated and in need of a guardian, it will issue an order appointing the guardian and outlining the scope of their authority. In cases of limited guardianships, the court will specify the areas over which the guardian has authority.

4. Guardianship Order

Once the court issues the guardianship order, the guardian assumes responsibility for making decisions on behalf of the ward, as defined in the court order. Depending on the type of guardianship, this may include making decisions about medical care, living arrangements, and managing the ward’s finances.

Responsibilities of a Guardian in Ohio

Guardians in Ohio have significant responsibilities to ensure the welfare of the ward. These responsibilities vary depending on the scope of the guardianship, but generally, guardians are required to:

• Ensure Personal Care: Guardians are responsible for making decisions about the ward’s healthcare, personal care, and living arrangements. This may involve ensuring that the ward receives necessary medical treatment, monitoring the ward’s safety, and choosing appropriate housing or care facilities.
• Manage Financial Affairs: If the guardian is also appointed as a conservator, they may be responsible for managing the ward’s finances. This includes paying bills, managing the ward’s income and assets, and filing taxes on behalf of the ward.
• Report to the Court: Guardians are required to provide regular reports to the probate court regarding the ward’s condition, healthcare, and financial status. These reports help ensure that the guardian is acting in the best interest of the ward.
• Act in the Ward’s Best Interest: Guardians are fiduciaries, meaning they must act in the ward’s best interests at all times. This includes making decisions that align with the ward’s known preferences or, if unknown, making decisions that are in line with what the ward would likely choose if they were able.

Alternatives to Guardianship in Ohio

In some cases, alternatives to guardianship may be more appropriate. These alternatives can provide more flexibility and allow the individual to maintain greater independence while still receiving the support they need. Some alternatives to guardianship in Ohio include:

• Power of Attorney: A durable power of attorney allows an individual to designate someone to make financial, healthcare, or other decisions on their behalf if they become incapacitated. A power of attorney can be used as an alternative to guardianship for financial or medical decision-making.
• Living Will or Healthcare Directive: These documents allow individuals to express their preferences regarding medical treatment in advance, potentially reducing the need for a guardian to make medical decisions.

Conclusion

Guardianships in Ohio provide an essential legal framework for protecting individuals who cannot care for themselves due to physical or mental incapacity. The guardianship process ensures that individuals who need assistance with personal, medical, or financial decisions receive the care and protection they require. If you are considering a guardianship for a loved one, it’s essential to consult with an experienced probate attorney to guide you through the legal process and ensure that the best interests of the ward are prioritized.

Works Cited

1. Ohio Department of Job and Family Services, “Guardianships in Ohio,” https://jfs.ohio.gov.
2. Ohio Legal Help, “Guardianships in Ohio,” https://www.ohiolegalhelp.org.
3. Ohio State Bar Association, “Guardianship of Adults,” https://www.ohiobar.org.