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General Information

There are three types of Guardianships of an incompetent adult

  • Guardianship of the Person: This is typically granted when the individual needs assistance meeting their personal needs.
  • Guardianship of the Estate: This is typically granted when the individual only needs assistance managing their assets.
  • Guardianship of the Person & the Estate: This is typically granted when the individual needs assistance with their personal needs as well as their assets.

A guardianship is a legal relationship established by the Probate Court where an individual (referred to as “the guardian”) has the authority and duty to care for another’s person or property due to the other person’s disability or incapacity.

RC 2111.01 (d)(1)  Any person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of intellectual disability, 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. 

Guardian’s Handbook
Role as Guardian Handbook
Caregiver POA


Procedure

  • The guardianship is started by filing an application in the Probate Court of the county where the proposed ward resides. 
  • The applicant must obtain a background check and, when applying to become guardian of the estate, obtain and file a bond.
  • A Probate Court Investigator will visit the proposed ward and will provide the proposed ward with notice of the hearing and provide an independent assessment of the person alleged to need guardianship.
  • The applicant must obtain an evaluation by a Licensed Physician or Clinical Psychologist, and file a completed and original Statement of Expert Evaluation with the application.
  • A hearing will be scheduled and a determination will be made by the Probate Judge regarding the necessity of the guardianship and the suitability of the guardian who will be required to perform certain responsibilities. 
    • The person alleged to be in need of the guardianship has the right to be present at the hearing on the application for guardianship to show that a less restrictive alternative is available, to have a friend or family member join them at the hearing, to have an independent evaluation performed by a court appointed expert, and to be represented by an attorney.

The Probate Court is always the superior guardian, and all guardians must obey the orders of the Court. The Court exercises the supervisory authority through the several means: accountings, annual reports, citations, investigations, hearings, and sanctions when appropriate.

Forms and Fees

Initial Deposit ( Cash / Check / Money Order Only) $250.00

  • Application for Appointment of Guardian of Alleged Incompetent (Form 17.0) with filing fee
  • Consent to Web Check of the applicant
    • See Local Rule 66.05(A) for requirements (LCPC Form 17.11)
    • IF an Applicant has not been a resident of Ohio continuously for the last five years, the Applicant also must obtain FBI criminal records check
    • Applicants must go do a background check themselves a the ESC of the Western Reserve
  • Oath of Guardian (Form 15.9)
  • Fiduciary’s Acceptance (Form 15.2)
  • Guardian Receipt of Handbook (LCPC 27.12)

All forms can be mailed to:
Lake County Probate Court
P.O. Box 490
Painesville, Ohio 44077


Initial Adult Packet

 Title
Checklist-Initial Filing of Incompetent Adult 
Checklist and Packet Incompetent Adult$250.00 Filing Fee
Role as Guardian Handbook 
Contact information Form 

Inventory

 Title
Checklist-Inventory 
Checklist and Packet- Guardian’s Inventory$17 FILING FEE
Guardian’s Inventory 

Guardian’s Account

 Title
Checklist-Guardian’s Account 
Checklist and Packet- Guardian’s AccountCALL FOR COST DUE
Checklist and Packet- Guardian’s Account with FeesCALL FOR COST DUE
Guardian Account 
Guardian Account with Computations of Fees Attached 
Form 13.3A Certificate/Waiver on Account 

Rule 73 Forms

Title
Affidavit of Indigency (Form 15.14)  
Affidavit of Indigency JE (Form 15.17)CALL FOR COST DUE
Computation of Guardian Fees (Form 15.15)CALL FOR COST DUE
 
 
 

Forms

Title
Guardianship Checklist 
Form 17.0 Application for Appointment of Guardian (Incompetent) 
Form 17.1 Statement of Expert Evaluation 
LCPC Form 17.1B Affidavit For Emergency Guardianship 
Form 15.0 Next of Kin of Proposed Ward 
Form 15.1 Waiver of Notice and Consent 
Supplement for Emergency Guardian of Person 
Role as Guardian Handbook 
Form 22.5-22.7 Application/Entry/Report to Settle Claim of Adult Ward 
Criminal Background Check Procedure 
LCPC 17.11 Consent to Webcheck Criminal Background Check 
Form 15.2 Fiduciary’s Acceptance 
Form 15.9 Oath of Guardian 
LCPC Form 2.0 Verification of Receipt and Deposit 
Form 15.6 Application to Release Funds to Guardian$10.00 Filing Fee
Form 15.7 Application for Authority to Expend Funds$20.00 Filing Fee
Form 15.8 Guardian’s AccountCall For Cost
Form 13.3A Certificate/Waiver on Account 
LCPC Form 15.12 Application to Extend Time to File Account$5.00 Filing Fee
LCPC Form 15.11 Application to Extend Time to File Guardian’s Inventory$5.00 Filing Fee
LCPC Form 15.10 Application to Extend Time to File Guardian’s Annual Documents$5.00 Filing Fee
Form 17.7 Guardian’s Report$5.00 Filing Fee
Visitor Report Form 
Form 27.12 Receipt of Booklet 
Form 27.7 Annual Guardianship Plan-Person$5.00 Filing Fee
Form 27.3 Application for Change of Address-Ward$5.00 Filing Fee
Form 27.3 Notice of Change of Address-Guardian$5.00 Filing Fee
Form 27.9 Application to Terminate Guardianship$10.00 Filing Fee
Form 27.6 Guardian with Ten or More Wards Annual Fee Schedule 
Form 27.5 Annual Registration Guardian with Ten or More Wards 
LCPC Form 15.13 Application to Commence Legal Proceedings for Ward 
Form 27.10 Notification of Guardian’s Receipt of Fees Other Than Through Guardianship 
Form 27.11 Notification of Ward’s Important Legal Papers 
LCPC Form 15.16 Application for Waiver of Guardian Fundamentals Education Requirements 
Form 27.2 Notification of Compliance Guardian Education Requirements 
Application to Reduce Bond$5 FILING FEE
Form 28.0 Motion by Guardian for Real Estate Sale by Consent 
Form 28.1 Consent to Power to Sell Real Estate

Guardian’s Annual Documents

Guardians of an adult incompetent must file the following reports annually. The Guardian’s Report and a Guardian’s Plan are REQUIRED BY LAW annually. Failure to file these documents can result in your removal as guardian and other court sanctions.

Please do not send any paperwork to the Court until you have received notice in the mail with the paperwork that needs to be filed.

The guardian of the person is required to file:

  • Annual Guardianship Plan (Form 27.7) identifying the goals and objectives of the guardian for the person under guardianship for the coming year. ($5.00 filing fee)
  • Annual Guardians Report (Form 17.7) which informs the probate court where the person under guardianship is residing, how they are doing, if changes need to be made, and if the guardianship should continue or be terminated. ($5.00 filing fee)
  • Annual Statement of Expert Evaluation (Form 17.1) informs the probate court of the ward’s general state of health and if continuation of guardianship is necessary. If the addendum on this form is being signed, it must done by a Licensed Physician or Clinical Psychologist. 


Due Dates of Annual Documents/Reports

Forms Due January of Each Year -Expert Evaluation is Required

  • Annual Guardianship Plan (Form 27.7)
  • Annual Guardians Report (Form 17.7)
  • Annual Statement of Expert Evaluation (Form 17.1)

If you are NOT required to file a Statement of Expert Evaluation, this is because a Licensed Physician or Clinical Psychologist signed the Addendum on the Statement of Expert Evaluation previously submitted to the Court, and the Court has agreed with their opinion. 

Forms Due June of Each Year- Expert Evaluation is NOT Required

  • Annual Guardianship Plan (Form 27.7)
  • Annual Guardians Report (Form 17.7) 

All forms can be mailed to:
Lake County Probate Court
P.O. Box 490
Painesville, Ohio 44077

Forms

 Title
Annual Guardianship Plan (Form 27.7) $5.00 Filing Fee
Guardian’s Report (Form 17.7)$5.00 Filing Fee
Statement of Expert Evaluation (Form 17.1) 
Guardian/Volunteer Visitor 
Annual Guardianship Plan-EstateThis form is not being used by the Lake County Probate Court (Effective 9/2018)