Forms & Services


Guardianships

The Probate Court has a major responsibility in protecting persons who cannot protect themselves. Persons such as mentally incompetent adults and minors may not be able to protect their financial affairs and/or their person. To protect the interests of such persons, the Court may appoint a guardian to act on behalf of such ward. This is a court ordered relationship called a guardianship.

There are three (3) classifications of guardianships: Incompetent Adult, Minor, or Conservatorship.

You should seek the advice of an attorney if you have any questions about guardianships and whether or not it applies to your particular situation.

Incompetent Adult

Definition of Incompetent (R.C. 2111.01(D)): “"Incompetent" means any person who is so mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person’s self or property or fails to provide for the person’s family or other persons for whom the person is charged by law to provide, or any person confined to a correctional institution within this State.”

This is a guardianship for an individual over the age of 18 and a guardian may be appointed:

  • For the Person of the ward – making personal/medical decisions for the ward
  • For the Estate of the ward – making financial decisions for the ward
  • Forboth the Person and Estate of the ward
  • On an emergency basis when significant injury may occur unless immediate action is taken

The process of a guardianship appointment commences with the filing of an application along with a “Statement of Expert Evaluation” that has been completed by the proposed ward’s physician. After the application is filed, a hearing is set and the Court Investigator will visit the proposed ward to evaluate him or her and serve a notice of the hearing. The investigator will then file a report with the probate court and the Judge will review it before the hearing.

The applicant/proposed guardian must appear at the hearing at which time the Judge will make a determination as to the competency of the ward. If the Judge finds the proposed ward to be incompetent as defined by the Ohio Revised Code, then the Judge will make a decision to appoint a person best suited to serve as guardian of the ward.

In June of 2015, the Supreme Court of Ohio implemented new Superintendence Rule 66 specifically for adult guardianship cases. An important provision in the new rule is the requirement for all guardians of adults to receive training and continuing education. Please see the Guardianship Education section for more information.

Instructions for Incompetent Guardianship

Information and Instructions for Filing an Application for Guardianship (Incompetent) Download
Information and Instructions for Filing an Emergency Guardianship (Incompetent) Download
Information and Instructions for Transferring an Out of State Guardianship to Ohio Download

Complete Packets for Incompetent Guardianship

Packet for Filing an Incompetent Adult Guardianship Download
Packet for Filing an Emergency Guardianship Download

Minor Guardianships

The filing of a guardianship of a minor is used in the following circumstances:

  • When a minor receives money or property in excess of $25,000
  • When a minor has no living parents
  • In certain situations when a minor has parents that are unable to properly care for the child. Persons seeking to file an application under these circumstances should seek the advice of an attorney as most cases of these type should be filed as custody actions in the juvenile court.
  • On an emergency basis when significant injury may occur unless immediate action is taken

Instructions for Minor Guardianship

Information and Instructions for Filing a Minor Guardianship Download
Notice to Guardian of A Ward's Estate Download

Complete Packet for Minor Guardianship

Packet for Filing a Minor Guardianship Download

Conservatorships

The filing of a conservatorship is for an individual who has physical or some mental limitations but is mentally competent. The person for who conservatorship is sought must agree to the appointment. Please contact the Court for information and forms.

Guardianship Education

In June of 2015, the Ohio Supreme Court implemented Superintendence Rule 66 to govern adult guardianship cases. Download Rule 66 here

One of the most important provisions in this new Rule 66 is the requirement of guardianship training. This rule requires all guardians of adults to receive six (6) hours of fundamental education to be completed within six (6) months of their appointment as guardian by the Court. In addition, each guardian of an adult must complete three (3) hours of continuing education every year thereafter. These classes are free and the guardian can complete the classes at the Pike County Probate Court or online. The attendance of these classes will be coordinated by the Court and the deputy clerks.

Certain individuals who are related to the ward by blood or marriage may be exempted from the education requirements upon application and order of the Court.

Please monitor the Court’s website for updates with regards to responsibilities of guardians and fundamental and continuing education classes and courses.

Please click on the following links for more information and course schedules:

The Supreme Court of Ohio Adult Guardianship Course Schedule
The Supreme Court of Ohio Adult Guardianship Course Registration
Guardianship Guidebook

Additional Requirements of Guardians

Depending on the type of guardianship, the guardian must complete and file reports and accounts to the Court on a routine basis. These required filings will be explained to you by the Court and the deputy clerks. In addition, any guardian of a ward’s estate must obtain permission from the Court prior to the expenditure of any funds. These packets are provided only as a convenience to guardians and are not all-inclusive. You may be required to file additional forms. Please consult with your attorney or the Court if you have further questions.

Additional Packets

Guardian's Report Packet Download
Guardian's Account Packet Download
Annual Guardianship Plan Packet Download
Application for Expenditure of Funds Packet Download
Packet for Transferring an Out of State Guardianship Download

Individual Forms for Guardianships

Affidavit in Lieu of Account Download
Application and Entry to Terminate Guardianship Download
Application and Order to Pay Attorney Fees Download
Computation of Guardian's Fees Download
GU01 Application for Appointment of Emergency Guardian Download
GU02 Entry Setting Hearing Download
GU03 Judgment Entry Appointing Emergency Guardianship and Setting Hearing on Continuation of Emergency Guardianship for Incompetent Person Download
GU04 Affidavit of Service Download
GU05 Judgment Entry Continuing Appointment of Emergency Guardianship for Incompetent Person Download
GU06 Affidavit in Support of Emergency Application Download
GU09 Affidavit of Indigency Download
GU10 Change of Residence Information Download
GU11 Application for Waiver of Guardian Education Requirement Download
GU12 Application for Waiver of Guardian Fundamentals Training Requirement Download
GU16 Application for Approval of More Restrictive Placement Download
GU17 Application for Deposit in Lieu of Bond Download
GU18 Verification of Receipt Download
13.3 Entry Approving and Settling Account Download
13.5 Notice of Hearing on Account Download
13.7 Waiver of Notice of Hearing on Account Download
15.0 Next of Kin of Proposed Ward Download
15.01 Judgment Entry Setting Hearing on Application for Appointment of Guardian Download
15.1 Waiver of Notice and Consent Download
15.2 Fiduciary's Acceptance - Guardian Download
15.3 Guardian's Bond Download
15.4 Letters of Guardianship Download
15.5 Guardian's Inventory Download
15.6 Application to Release Funds to Guardian Download
15.7 Application for Authority to Expend Funds Download
15.8 Guardian's Account Download
15.81 Bank Certificate Download
15.9 Oath of Guardian Download
16.0 Application for Appointment of Guardian of Minor Download
16.1 Affidavit Download
16.2 Selection of Guardian by Minor Over Fourteen Years of Age Download
16.3 Notice of Hearing for Appointment if Guardian of Minor (To Minor Over Age 14) Download
16.4 Notice of Hearing on Application for Appointment Guardian of Minor to Parent, Known Next of Kin and Person Having Custody Download
16.5 Judgment Entry Appointment of Guardian of Minor Download
17.0 Application for Appointment of Guardian (An Alleged Incompetent) Download
17.1 Statement of Expert Evaluation Download
17.1A Supplement for Emergency Guardianship of Person Download
17.3 Notice to Prospective Ward of Application and Hearing Download
17.4 Notice of Hearing for Appointment of Guardian of Alleged Incompetent Person Download
17.5 Judgment Entry Appointment of Guardian for Incompetent Person Download
17.7 Guardian's Report Download
17.8 Court Investigator's Report on Proposed Guardianship Download
27.0 Notice to Guardian - Submission of Comments or Complaints Download
27.1 Notice to Guardian and Maker of Comments or Complaints - Disposition of Comments or Complaints Download
27.2 Notification of Compliance with Guardian Education Requirements Download
27.3 Notice of Application for Change of Address Download
27.4 Entry on Application to Change Address of the Ward Download
27.5 Annual Registration Guardian with Ten or More Wards Download
27.6 Annual Fee Schedule Download
27.7 Annual Guardianship Plan - Person Download
27.8 Annual Guardianship Plan - Estate Download
27.9 Application to Terminate Guardianship Download
27.10 Notification of Guardian's Receipt of Fees Other Than Through Guardianship Download
27.11 Notification of Ward's Important Legal Papers Download
27.12 Guardian Receipt Download
45D Confidential Disclosure of Personal Identifiers Download