Guardianship is a legal relationship between a person over the age of eighteen who has a disability that causes incapacity and a competent adult appointed by the court.   Typically, a guardianship action is initiated by the family of an elderly person who has become incapacitated by Alzheimer’s disease or other dementia. The incapacitated person is known as the ward and the person appointed by the probate court to care for the ward is known as a guardian.

All persons with disabilities are not in need of a guardian.  Only when a person is so mentally impaired that he is incapable of taking proper care of himself or his property, is a guardianship appropriate.

In Ohio, any interested person who is an Ohio resident can make an application to serve as a guardian; however, the probate court reserves the right to make the final decision on who is appointed. In order to file for guardianship, the applicant must also submit a statement from a licensed physician who has examined the proposed ward and states that a guardianship is necessary. 

There are two types of guardians that can be appointed by the probate court:  guardian of the person and guardian of the estate.  The court can appoint a guardian of the person, a guardian of the estate, or a guardian of both the person and the estate.

A guardian of the person is appointed when the prospective ward needs someone to make decisions about living arrangements and medical care.  A guardian of the estate is appointed when the prospective ward needs someone to take care of his financial affairs.  If the court finds that the prospective ward needs someone to take care of both areas, a guardian of the person and of the estate will be appointed.

Once an application for guardianship is filed, the court will send a court investigator to meet with the prospective ward, give him notice of the hearing, and make an assessment of the need for a guardianship.  The court investigator will also make a report to the court of her findings. 

After reviewing the assessment of the court investigator, the probate court will hold a hearing to determine the need for the guardianship, the type of guardianship needed, and the suitability of the applicant to serve as guardian.  If the court finds that that the person is incompetent and a guardianship is necessary, and that the applicant is suitable, a guardian will be appointed.