Guardianships Done Right And Right Now

When a loved one is born with or developed a mental or physical disability that requires someone to care for them, a guardianship may be needed. The staff at Estate Planning, Trust and Probate Law Firm, LLC empathize because we also have family members needing the care of a guardian. As a guardian, you will have the authority to make decisions in the best interests of the minor or incompetent individual after a hearing in the probate court.
The courts decide who can serve as the guardian based on the best interest of the individual and generally give preference to:
- The spouse of the incapacitated person
- The nearest of kin, considering the minor’s best interests
- An eligible person who is best qualified to serve

EXPERIENCE MATTERS
Guardianship is a complex process. The legal team at Estate Planning, Trust and Probate Law Firm, LLC will review your situation and explain what you can expect in every stage. We will do everything in our power to obtain the guardianship appointment you want to care for those in need. Request Meeting
You Know You Will Need an Attorney
If You Cannot Answer all of these Questions
- What type of guardianship you will need: person, estate, or both?
- What documents do you need to prepare and file to begin the guardian application process?
- When a hearing is not necessary for the appointment of a guardian?
- What training you must complete before you become a guardian?
- What criminal offenses will stop you from becoming a guardian?
- When a person from another state can serve as a guardian in Ohio?
- What are the alternatives to guardianship?
- What to do if you need to get bonded but can’t?
- Who has to receive notice of the guardianship case?
- How to get waivers of service from next of kin?
- What to do if you don’t know the names and addresses of the next of kin?
- What to do if you can’t locate a next of kin?
- What is required to qualify for an expedited hearing?
- What to do if someone objects to your appointment as guardian?
- When it is necessary under Ohio law to have a guardianship for a minor child who has received money by settlement, insurance, or inheritance?
- How to prepare and file the annual reports required by the probate court.
Frequently Asked Questions
A guardian is an adult person appointed by a probate court to be legally responsible for a minor child or an incompetent person and/or that person’s property. The person for whom a guardian has been appointed is called the Ward and the guardian has the duty to make the decisions for the Ward in the Ward’s best interest.
A guardianship may be necessary to make decisions for a minor child if both parents have died or the minor child is entitled to a substantial amount of money. A guardianship may be needed for an adult who has been deemed incompetent and is unable to care for themselves or for their property. A parent is considered the natural guardian of any minor child with special needs; however, a guardianship is necessary for the parent to continue to make decisions for their child once he or she turns 18 years old.
There are two types. A guardian of the person is appointed to make personal decisions for the Ward including residency and medical decisions. The guardian of the person of a minor child will also make decisions regarding education. A guardian of the person of an adult automatically becomes the guardian of the adult’s minor children, if no other adult has legal custody or guardianship. A guardian of the estate is appointed to manage the Ward’s assets and make financial decisions in the Ward’s best interests. A guardianship can be of the person, of the estate, or both. Guardianship can also be limited in duration and the powers given to the guardian and ordered without a hearing if an emergency exists.
You need to file a guardianship application in the probate court in the county where the prospective Ward lives. If you are seeking a guardianship over an adult, you will need to file a “statement of expert evaluation” stating that the prospective Ward is incompetent and recommending the establishment of a guardianship. The court will schedule a hearing to determine whether a guardianship is necessary and that you should serve as guardian. Before the hearing you must complete a background check and guardian training. If the probate court appoints you as the guardian, you will receive letters of authority confirming your authority to act on the Ward’s behalf.
Non-Ohio residents can only serve as guardians of the person in Ohio. Non-Ohio residents cannot serve as guardians of the estate.
If an adult is mentally competent and is only physically incapacitated, then a conservatorship is appropriate. The probate court can appoint a conservator at the request of a mentally competent adult. The individual requesting a conservatorship can choose the conservator and specify the authority given to the conservator.
While an adult is still mentally competent, he or she can execute a power of attorney that will authorize their agent to make medical and/or financial decisions on their behalf if they become incompetent. After a person becomes incompetent, it is too late to execute a power of attorney. At that point, a guardianship is the only option.
Depending on the type of guardianship, the probate court requires an initial deposit of $75-$275 to cover court costs as the case proceeds. Any unused portion of the deposit will be returned to you. We offer affordable rates that range from $125-$250 per hour depending on the task. We guarantee you our most affordable rate and charge in 6-minute increments so you don’t pay for a full hour if we complete an assignment is less time. As the applicant, you are responsible for the court costs and attorney fees. However, you can apply for a reimbursement from the Ward’s estate if such funds are available.
If you need a guardianship appointment, call our office at (614) 610-4545 or visit our website for more information. When we schedule the appointment, my office will tell you what to bring to our first meeting to get you started.

Philip A. King has practiced law for over 20 years and is dedicated to making the legal process more understandable and accessible for everyone. The entire team at Estate Planning, Trust and Probate Law Firm, LLC reflect his commitment to empower clients to make informed decisions about their estate planning, probate, and guardianship matters. Let’s get started on your plan. Schedule a Meeting now.
Schedule a Free Introductory Meeting
Estate Planning, Trust, and Probate Law Firm, LLC welcome you to reach out to our legal practice to schedule an introductory consultation concerning your estate, trust, probate and guardianship concerns.
With offices in Columbus and Delaware, Ohio, we extend our services throughout the state to better assist you. Request a free introductory meeting now by submitting the form on the right.
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