How do I get Appointed Guardian of an Incompetent?
January 19, 2010
An Application must be filed in Probate Court in the county where the prospective ward (the person needing the guardianship) resides. The applicant/prospective guardian must be a resident of the state of Ohio. Each county has its own set of forms for this process. However, all applications include a statement of a guardian’s willingness to perform the task and an evaluation of the ward’s mental and physical condition by a physician, psychiatrist or licensed psychologist. A bond must also be posted by the applicant/prospective guardian. In addition, the prospective ward and all next of kin must be notified of the guardianship application and the date and time of hearing. An investigation must then be conducted by a court appointed investigator, who will interview the prospective ward and make a recommendation to the Court. Then a formal hearing will be conducted, which the applicant/prospective guardian must attend, to determine whether the guardianship is necessary and whether the applicant/prospective guardian is appropriate.
Elizabeth L. Perla, Esq.
Law Offices of Randall M. Perla
Cleveland Guardianship Attorneys
19443 Lorain Road
Fairview Park, Ohio 44126
Phone (440) 333-2503
Fax (440) 333-9650
Category: Estate Planning & Probate
