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.
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:
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|
The filing of a guardianship of a minor is used in the following circumstances:
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|
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.
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
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.
|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|
|GU19||Consent to Power to Sell Real Estate - Guardianship||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|
|15.4||Letters of Guardianship||Download|
|15.6||Application to Release Funds to Guardian||Download|
|15.7||Application for Authority to Expend Funds||Download|
|15.9||Oath of Guardian||Download|
|16.0||Application for Appointment of Guardian of Minor||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|
|17.8||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|
|45D||Confidential Disclosure of Personal Identifiers||Download|