Guardianship Definitions

Minor: A minor is generally any person under the age of eighteen years.
These guardianships are typically only related to the estate.

Incompetent: An incompetent is any person who is mentally impaired as a
result of mental or physical illness, disability, developmental disability, or chronic
substance abuse, and is incapable of properly caring for themselves or their property.

Types of Guardianships

Person and/or Estate: The guardian of the person protects the personal needs of the ward. The guardian of the estate controls and protects the assets of the ward.

• Limited: The guardian’s authority is limited to specific purposes.
• Interim: Appointed for a short period when a guardian can no longer serve, until a successor is appointed.
• Emergency: Appointed without notice for a short period to protect against injury to the person or estate of the ward.

Who May Serve as a Guardian

An adult resident of Ohio may apply to be the guardian of the person and estate of an
incompetent person. The Probate Court must determine that the applicant is a suitable person to serve.

Starting the Procedure

The process begins by filing an application for appointment of guardian, including the required
supporting forms such as the Next of Kin form and, for an incompetent adult, a Statement of Expert Evaluation.

The filing fee is set by local rule. In cases involving developmental disability, the judge may determine whether a fee is required.

For Ohio applicants, a BCI check is required. Background checks must be returned to the Probate Court at
101 W. Main Street, St. Clairsville, Ohio 43950.

Mandatory adult guardianship education is also required under Rules 66.06 and 66.07, including a one-time
fundamental course.

Supreme Court of Ohio guardianship education information

The Probate Court accepts checks, credit cards, or cash. Filings by mail are accepted. Please provide a phone number,
return address, and email address if applicable.

Guardian’s Inventory

The guardian of the estate must file an inventory of the ward’s assets and income within ninety (90) days from the date of appointment.

Guardian’s Account

Each year, the guardian must file an account with the Court. The first account is due one year from the date of appointment.
Future accounts are due every two years from the due date of the prior account.

Guardian’s Report

In all incompetent adult guardianships, the guardian must file a Guardian’s Report and Statement of Expert Evaluation.
These are not required in minor guardianships.

The first report is due one year from the date of appointment. Additional reports are due every two years from the date the previous report was filed.

Termination of Guardianship

A guardianship of the person or estate of a minor ends on the minor’s eighteenth birthday.
The guardian of the estate must file a final account within thirty (30) days showing the remaining assets have been turned over.

A guardianship of the person or estate of an incompetent adult may be terminated when:

• The ward dies
• The adult ward is determined by the Court to be competent
• The guardianship of the estate is no longer needed because all assets have been properly spent

Failure to comply with the law may result in the Court issuing a contempt citation to the guardian.
A final account is required to terminate the guardianship of the estate.

Education Requirement

Adult Guardianship Education required — click here for information