Guardianship
Upcoming Event for Guardians (click here)
Creating Your Self Care Plan Space
Presented by: Courage to Caregivers and Lifeline Inc. Volunteer Guardian Program
May 1, 2024 at 5:00pm
Willoughby Public Library
Questions and Registration: 440-350-2234 (Registration Required)
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 process of guardianship appointment begins by filing an application in the Probate Court of the county where the proposed ward resides.
- The applicant must submit a Statement of Expert Evaluation that has been completed by a Licensed Physician or Clinical Psychologist with their application.
- The applicant must obtain a background check and a Guardian of an estate must post a bond.
- A Probate Court Investigator will visit the proposed ward and provide him or her with notice of the hearing and provide an independent assessment of the person alleged needing a guardian. The investigator files the Court Investigator Report, which is reviewed prior to the hearing.
- 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.
- The person alleged to be in need of guardianship has the right to be present at the hearing on the application for guardianship. At the hearing, they may provide information to the Court of a less restrictive alternative that is available, have a friend or family member join them at the hearing, have an independent evaluation performed by a court appointed expert, and 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
- Next of Kin of Proposed Ward (Form 15.0)
- Waiver of Notice and Consent (Form 15.1)
- All parties listed on the Next of Kin of Proposed Ward (Form 15.0), who are Ohio residents, must either sign consent or be served notice
- Statement of Expert Evaluation (Form 17.1)
- Contact Information Form
- 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
- ESC of the Western Reserve, https://www.lakeesc.org/Fingerprinting
8221 Auburn Road Concord Twp., Ohio 44077 - Schedule an appointment: #440-350-2563 Ext. 1703
- ESC of the Western Reserve, https://www.lakeesc.org/Fingerprinting
- Affidavit of Attorney Guardian Applicant (Form 66.05)
- Oath of Guardian (Form 15.9)
- Fiduciary’s Acceptance (Form 15.2)
- Guardian Receipt of Handbook (LCPC 27.12)
- Copies of proposed ward’s Powers of Attorney or Health Care Powers of Attorney currently in force.
All forms can be mailed to:
Lake County Probate Court
P.O. Box 490
Painesville, Ohio 44077
Initial Adult Packet
Inventory
| Title | Filing Fee |
| Checklist and Packet- Guardian’s Inventory | $20.00 |
| Form 15.5 Guardian’s Inventory | |
| LCPC Form 28.3 Application and Entry for Extension of Time to File | $5.00 |
Guardian’s 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
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
| Form 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 | |
| LCPC Form 15.10 Application to Extend Time to File Guardian’s Annual Documents | $5.00 |
| Annual Guardianship Plan-Estate This form is not being used by the Lake County Probate Court | (Effective 9/2018) |