Guardianship of an adult with disabilities

There are different types of guardianships. This article covers “guardianship of the person," especially for parents of a child with disabilities.

Guardianship of the person is different from guardianship of the estate, guardianship of a minor and conservatorship.

• A guardian of the estate controls and protects their "ward's" finances. 
• A guardian of a minor cares for a child under 18 who doesn't have parents who can care for them.
• A conservator cares for someone who is mentally competent but physically in need of help. Conservatorships are rare in Ohio.

As a guardian of the person:

• You make sure the person is taken care of. You don’t have to take care of the person yourself, but you do need to make sure they’re getting food, clothing, housing and other needs met.
• You can make medical decisions. As the guardian, you have the power to make medical decisions for the person. That means even after your child turns 18 and becomes an adult, you will be able to make medical decisions for them.
• You can work with service providers. As the guardian, you will be able to work with the people and organizations that provide services to the person. This can help you make sure your child keeps getting the services they need.
• You can make housing decisions. As the guardian, you will be able to decide where your child lives.

To get legal guardianship in Ohio, you must go through the court process. You will need to get a background check and file reports. You will be the “guardian” and the person you’re responsible for is your “ward.”

You may have other options. Learn about alternatives that are less restrictive than guardianship. It can be helpful to find a lawyer to understand your options.

Fill out the forms 

You will need to complete forms to apply for guardianship. You can use the Adult Guardianship of the Person Form Assistant on this site to find the forms you need.

In your application, you will need to:

• Explain why the person is incompetent. “Incompetent” means the person is unable to make decisions to take care of themselves. It doesn’t mean the person has a disability. Having a disability does not automatically make someone legally incompetent. If the person can take care of themselves, you may want to learn about alternatives to guardianship.
• Provide information about yourself. You will need to explain your relationship to the person. 
• Include a Statement of Expert Evaluation. You will need to get a medical doctor or psychologist to complete a form about the person. The form is called a Statement of Expert Evaluation. It must be completed by a physician or clinical psychologist who is licensed in the state of Ohio.

You can ask the person’s doctor to complete the Statement of Expert Evaluation.

Be careful if the doctor is in a different county than where the person lives. The form should match the county where the person lives, not where the doctor is located. The court might not accept a version of the form from a different county.

You can use the Form Assistant on this site to get the forms you need.

The Statement of Expert Evaluation is an important part of your application for guardianship of the person. Take time to make sure it’s completed correctly.

File the forms with the court

You will need to file your application with the probate court in the county where the person lives. This may be different from the county where you live. You can find court information on this page under “Local Government and Community Resources.” Enter the county and city where the person lives.

The person generally needs to be at least 18 or older on the date you file for guardianship.

When you are ready to file your application:

• Bring your forms to the court. Check the court’s website or contact the court before you go. Look for instructions on applying for guardianship of an incompetent adult.
• Pay the fees. The fees to apply for guardianship can vary. Check the court’s website for fee information. Commonly, fees range from $100 to $300. If you can’t afford the cost, you can ask the court if a fee waiver is available. A fee waiver is a form asking that you be allowed to file without paying a fee upfront. You still may be responsible for the fee later. Courts have different names for the fee waiver. The form may be called a poverty affidavit, financial disclosure, affidavit of indigency or another name, depending on your court.
• Get a background check. You will need to get a background check as part of your application. Ask the court how this works in your county. You may need to go to a background check location and pay a separate fee. Background check fees often range from $30 to $40.

The probate court will review your application and provide notice to certain family members.

A representative from the court will interview the person you’re seeking guardianship of. The person, who is called the “proposed ward,” has the right to have a lawyer appointed for them or request another evaluation.

Go to the hearing 

The court will hold a hearing to decide on your application. You must go to the hearing. The person or “proposed ward” also has the right to go to the hearing. 

When you go to court: 

• Arrive on time. 
• Dress appropriately. 
• Be respectful of the judge. 

Learn more about getting ready for a hearing.

Fulfill your responsibilities

If the judge agrees with you, the judge will issue a court order of the guardianship. 

You have legal responsibilities as a guardian to:

• Complete guardian education. 
• Protect the person.
• Find services that will help them. 
• Make medical decisions in their best interest. 
• Visit them regularly (at least once every 3 months). 
• Make decisions about their housing.
• Make sure they’re safe and free from abuse. 
• Tell the court if you move or if they move. 
• File reports every year.
• Ensure the person's basic needs, such as food, housing and utilities, are met.

You also must follow any other orders of the court, Ohio law and local rules of the court. 

Learn more about the responsibilities of a guardian of an adult in Ohio.

File reports every year

As guardian of the person, you must file reports with the probate court every year. This includes the Guardian’s Report and the Guardian’s Plan.

File an Expert Evaluation every 2 years

As guardian of the person, you must file a Statement of Expert Evaluation every 2 years. Some courts may waive this requirement.