Responsibilities of an adult guardian in Ohio

There are different kinds of guardianships. This article covers adult guardianship of the person, the most common type of guardianship for an adult in Ohio.

You also may see terms like “guardianship of an incompetent adult” or “guardian of incompetent” for an adult guardianship of the person in Ohio.

To be a guardian of the person, you must:

• Explore alternatives. Guardianship is a last resort. Research alternatives to guardianship. If a less restrictive option is available, you must take that option instead.
• Complete the forms. Apply to be someone’s guardian by filing forms with the probate court in the county where the person lives.
• Act in the person’s best interest. As guardian, you make decisions for the person to protect their health and safety, while focusing on their best interest.
• Follow the court’s orders, the court's local rules and Ohio law. The court is the superior guardian. You will need to file paperwork and reports with the court. Each court has local rules that you must follow as a guardian.

In Ohio, a guardianship is different from a conservatorship.

Check for other options 

Sometimes a person really needs a guardian, but other times you can help the person without a guardianship.

• Guardianship is a last resort. The court will grant a guardianship if a judge decides the person really needs a guardian. Granting a guardianship is based on the needs of the person, not the guardian.
• Go with the “least restrictive” option. If a better option is available, you must take that better option. Learn about alternatives to guardianship in Ohio.
• Options may change over time. Sometimes a person needs a guardian for a while, but later their situation changes, and they no longer need a guardian. They become capable of making decisions on their own. If that happens, ask the court to end the guardianship.

What’s best for one person may not be what’s best for someone else. It depends on the individual’s needs and situation. Learn about alternatives to guardianship.

Meet the basic requirements

You must meet some basic requirements to be a guardian of the person in Ohio: 

• Be an adult (18 or older). You must be at least 18 years old. The court can decide if you’re suitable to be a guardian.
• Get a background check. You will need a criminal background check. The background check process varies from county to county in Ohio. The court may look at criminal charges, felonies or misdemeanors. The court can decide what may or may not disqualify you to be a guardian. You must tell the court about any criminal charges against you.
• Complete training. You will need to take a course on the fundamentals of guardianship. After that, you may need to take a guardianship class once a year or so. Check with the probate court to understand your education requirements.

It’s helpful if you live nearby. Courts prefer it when a guardian lives close to the person under guardianship. As a guardian of the person, you may be able to live in another state, but you will have to travel to see the person under guardianship.

Ultimately, the court will decide if you are suitable to be a guardian.

Follow the court’s orders 

You can’t be a guardian without a court order that names you the guardian. The court is always the “superior guardian.”

You must follow the court’s orders, turn in paperwork and file reports with the court.

• File your paperwork. You will have several forms to complete when you first apply to be a guardian. Find the forms to apply for guardianship of an adult on our site. After you become the guardian, you will have reports to turn in each year.
• Go to hearings. The court will hold a hearing to see if a guardianship is needed and if you’re suitable to be the guardian. The person under guardianship also has the right to request a hearing during the guardianship. Go to any hearings the court schedules for you.
• Get your letters of appointment. Your “Letters of Guardianship” document is the official form from the court that names you the guardian. This "Letter" is the document that healthcare providers, Social Security and/or other legal entities need in order for you to make decisions as a guardian.

Learn more about how to become a guardian of the person for an adult in Ohio.

Act in the person’s best interest

As the guardian, you are responsible for acting in the best interest of the person under guardianship, who is called your “ward.”

Acting in the person’s best interest means you’re making decisions that will protect their health and safety and will be good for them.

• Talk to the person. Try to understand their friends, neighbors and other parts of their life. Communicate with them as best as you can. You also have the right to look at their doctor’s reports, which may help you understand them better.
• Meet regularly. By law, you need to meet with the person at least once a quarter. It’s good to communicate regularly.
• Plan for emergencies. List the person’s important legal documents, like their Power of Attorney, if they have one. File the list of their important documents with the court.
• Plan for a successor guardian. Once appointed, it is important to plan for a successor guardian in case you are no longer able to serve as guardian.
• Ask the court before a move. You must get the court’s permission before you move the person to a “more restrictive environment,” like moving them from an apartment to a care facility. You also must tell the court any time you or the person have a change in address.
• Report abuse, neglect or exploitation. If you think the person (ward) is being abused, neglected or exploited, immediately report it to the court. You also can notify adult protective services if the person is 60 or older, or the long-term care ombudsman if the person lives in a long-term care facility. If the person (ward) has developmental disabilities, you can also report to the County Board of Developmental Disabilities. Report suspected criminal activity to law enforcement.
• Advocate for the person. Look out for the person and do what’s best for them. For example, this could mean researching medical decisions or getting a second opinion from a doctor.

Consider keeping a log. It’s not required but it’s usually a good idea to keep track of events that happen in the person’s life. For example, you could track:

• The person’s birthday
• The dates your guardianship reports are due
• The person’s doctor’s appointments
• Medical issues they’re experiencing
• Deadlines to file for their government benefits 

File reports each year

You will need to keep the court updated about the person.

• Submit your Guardian’s Report. You will need to submit a form called a Guardian’s Report each year on the anniversary of your appointment.
• Submit a Statement of Expert Evaluation. Every 1 to 2 years from the date of your appointment, depending on the court you're in, you’ll need to file a form called the Statement of Expert Evaluation from the person’s doctor. If the person is unlikely to improve, you can ask the doctor to fill out a section of the form called the Guardian’s Report Addendum. If the doctor agrees the person is unlikely to improve, the court may not require you to turn in a new expert statement each year.
• Set goals for the next year. You will fill out a form called an Annual Guardianship Plan where you set goals for the person for the next year. The goals will depend on the person. For example, a person’s goal could be to understand their medications better, to get a job in the community, to increase their independence or to make their home life more comfortable.

Complete your education requirements 

You must take classes to learn about your roles and responsibilities as a guardian. Usually this means you:

• Take a one-time 6-hour course. The Ohio Supreme Court offers a 6-hour Fundamentals of Adult Guardianship Course that you can take online. Local probate courts may offer their own courses. You can take the fundamentals course before you’re appointed guardian. If you’ve already been appointed guardian, you must take it within 6 months. Print the course completion certificate and file it with the court.
• Take a shorter course once a year or so. After the fundamentals course, you usually need to take a shorter class each year or every other year. Usually, it’s about 3 hours of class per year. The Ohio Supreme Court offers courses for guardians. Local probate courts may offer their own options.

Follow the court’s policies to make sure your classes count toward your requirements. 

If you don’t complete your education requirements on time, you may get a letter from the court to remind you. Eventually, if you don’t complete your requirements, you could be removed as guardian. 

Find someone who could replace you

There may be reasons why you can no longer serve as the person’s guardian.  

• Tell the court if you want to resign. If you want to resign as guardian, you must file your request with the court.
• Suggest someone who could take your place. It can be helpful to find someone else who could be the person’s guardian. It’s up to the court to name a guardian, but you can give suggestions. Some courts have forms to do this.

If a guardian dies, it doesn’t end the guardianship. The court may need to name a temporary guardian and eventually name a new guardian.

Contact the court to end the guardianship 

If there’s a reason for the guardianship to end:

• Notify the probate court. A guardianship of an adult should end as soon as possible if a better option becomes available. Usually you must complete an Application to Terminate Guardianship and file it with the probate court. The court may have its own form.
• Identify the reason. Tell the court why you think the guardianship should end. For example, a less restrictive alternative is now available, or the person has been “restored to competency” and is now able to make decisions on their own. Include any evidence, like a letter from the person’s doctor explaining that the person has the capacity to make their own decisions independently.
• Sometimes you can end part of the guardianship. For example, you may need a guardianship of the estate to handle a lawsuit or a specific money issue. But once the lawsuit is over or the situation has passed, you can ask the court to end the guardianship of the estate, while keeping guardianship of the person.
• Wait for the court’s decision. The court will review your application to end the guardianship. It also can review your Guardian’s Reports to decide if there’s a continued need for the guardianship. If the judge agrees there’s no reason for the guardianship to remain open, the judge will issue a court order or schedule a hearing to terminate the guardianship. Make sure you follow any orders of the court.

Prepare for special situations 

You may need to handle complicated situations as a guardian. For example:

• If the person is sued, you may need a guardianship of the estate. If the person is involved in a lawsuit, you may need to ask the court for a limited guardianship of the estate. If it’s time to settle, ask if the court will approve the settlement.
• If the person has children, you’re their guardian too. You are automatically the guardian of any minor children that the person has.
• Tell the court if the person wants to get married. The court can decide if the person has the capacity to enter into marriage. By law, a guardianship of the person will end if the person gets married.

Do guardians get paid in Ohio? 

Most guardians don’t get paid for being a guardian. Guardians who do get paid have limits for how much they can get.

If you’re a family member who’s also a paid caregiver to the person, make sure the court knows. Some courts may require a filing called an Application for Direct Services Exception.