If a loved one can no longer safely manage personal or financial matters, you may wonder whether guardianship is necessary. In Ohio, a probate court may appoint a guardian for an adult who meets the state’s legal definition of an incompetent person when guardianship is necessary. The court may appoint a guardian of the person, the estate or both.
When can a court appoint a guardian?
Ohio law defines an incompetent person as someone whose mental or physical illness or disability, intellectual disability or chronic substance abuse leaves the person unable to properly care for themselves or their property. The court must find incompetency by clear and convincing evidence.
The court can also appoint a limited guardian with specific powers. This allows your loved one to retain rights in areas not covered by the court’s order. If you are concerned about limiting independence too much, this distinction matters.
What does the guardianship process in Ohio involve?
A guardianship case goes through the probate court. Before appointing a guardian, the court must hold a hearing. Your loved one has the right to independent counsel and the right to present findings from an independent expert evaluation as evidence.
If the evidence does not meet the required standard, the court cannot appoint a guardian simply because your family believes one would be helpful.
Can a less restrictive alternative avoid guardianship?
Ohio law allows evidence of a less restrictive alternative to be presented at the hearing. The court must consider that evidence and may deny guardianship if a less restrictive alternative exists.
This matters if your loved one needs help but may not need a guardian with broad powers. Before seeking guardianship, consider whether a less restrictive option could address the specific concerns.
How to evaluate whether guardianship is the right step
Identify the specific problems that led to your concerns and what help your loved one actually needs. The goal is not simply to determine whether guardianship is possible, but whether the powers requested are necessary.
An Ohio elder law attorney can help you evaluate whether guardianship is appropriate, identify less restrictive alternatives and guide your family through the probate court process.