Ohio Adult Guardianship Application + Letters of Authority Package

OHIO ADULT GUARDIANSHIP — APPLICATION, STATEMENT OF EXPERT EVALUATION, AND LETTERS OF AUTHORITY PACKAGE

PART 1 — PRE-FILING CHECKLIST (Counsel Worksheet — NOT FILED)

☐ Confirm proposed ward is over 18 and resident of filing county (ORC § 2111.02(A))
☐ Confirm proposed ward meets ORC § 2111.01(D) definition of "incompetent": mentally impaired due to mental/physical illness, disability, intellectual disability, or chronic substance abuse such that person is incapable of taking proper care of self or property or fails to provide for family
☐ Evaluate and DOCUMENT each less-restrictive alternative considered:
☐ Durable Power of Attorney (ORC § 1337.21 et seq.)
☐ Health Care Power of Attorney (ORC § 1337.11 et seq.)
☐ Living Will (ORC § 2133)
☐ Representative Payee (SSA/VA)
☐ Supported decision-making
☐ Trust
☐ Adult Protective Services referral
☐ Determine guardianship type: Person / Estate / Both / Limited
☐ Determine if emergency (interim) guardian under ORC § 2111.02(B)(2) (max 15 days, extendable 30 days)
☐ Statement of Expert Evaluation (Form 17.1) — completed within last 3 months by licensed physician or clinical psychologist
☐ Check and complete any criminal-background or additional applicant screening required by current Sup.R. 8.35 and local court rule
☐ Confirm applicant will complete the six-hour Fundamentals course required by Sup.R. 8.36 on the court-approved schedule
☐ Annual three-hour continuing-education commitment under Sup.R. 8.37
☐ Determine bond amount and surety (ORC § 2109.04)
☐ Identify next of kin for Form 15.0 (ORC § 2111.031)
☐ Confirm applicant qualifications under ORC § 2109.21 (no disqualifying conviction, U.S. resident etc.)
☐ Review the current court-provided guardian responsibilities materials with the proposed guardian

PART 2 — APPLICATION FOR APPOINTMENT OF GUARDIAN OF ALLEGED INCOMPETENT (FORM 17.0 EQUIVALENT)

IN THE COURT OF COMMON PLEAS — PROBATE DIVISION
[____________________] COUNTY, OHIO

APPLICATION FOR APPOINTMENT OF GUARDIAN OF THE [☐ PERSON] [☐ ESTATE] [☐ PERSON AND ESTATE] [☐ LIMITED GUARDIAN]

Applicant respectfully represents:

1. Applicant. Name: [______________________]; Address: [______________________]; Telephone: [______________________]; Relationship to Proposed Ward: [______________________]; Date of Birth: [__/__/____].

2. Proposed Ward.

3. Jurisdiction. Proposed Ward resides in [____________________] County, Ohio, conferring jurisdiction under ORC § 2111.02(A).

4. Nature of Incompetency. Proposed Ward is incompetent within the meaning of ORC § 2111.01(D) because [______________________]. Specifically:

☐ Mentally impaired due to mental illness
☐ Mentally impaired due to physical illness or disability
☐ Intellectual disability
☐ Chronic substance abuse
☐ Other: [______________________]

Diagnosis(es): [______________________]
Functional limitations: [______________________]

5. Type of Guardianship Requested.

☐ Guardian of the Person
☐ Guardian of the Estate
☐ Guardian of the Person and Estate
☐ Limited Guardian — Specific limited powers: [______________________]
☐ Interim Guardian (ORC § 2111.02(B)(2)) — Emergency basis: [______________________]
☐ Emergency Guardian (ORC § 2111.041)

6. Less-Restrictive Alternatives Considered (Sup.R. 8.34).

7. Estate of Proposed Ward (if estate guardianship sought).

8. Applicant's Qualifications (ORC § 2109.21; Sup.R. 8.35–8.37).

☐ Applicant is at least 18 years old
☐ Applicant is a U.S. resident
☐ Applicant has not been convicted of a disqualifying offense
☐ Applicant has not been adjudicated incompetent
☐ Background check completed via [______________________]
☐ Applicant will complete the six-hour Fundamentals course on the schedule required by Sup.R. 8.36 and the appointing court
☐ Applicant agrees to annual 3-hour CE
☐ For attorney applicants: ☐ Current Affidavit of Guardianship Applicant attached if required by Sup.R. 8.35 or local rule

9. Bond. $[__________] [☐ with] [☐ without] surety; basis: [______________________].

10. Statement of Expert Evaluation. Attached as Exhibit A (Form 17.1) completed by [______________________], [☐ M.D./D.O.] [☐ Licensed Clinical Psychologist], on [__/__/____] (within 3 months of filing).

11. Next of Kin. Listed on Form 15.0 attached.

12. Existing Fiduciary Documents. Copies of any existing Power of Attorney, Health Care POA, or Living Will attached.

WHEREFORE, Applicant requests:

A. Notice be given to Proposed Ward and next of kin pursuant to ORC § 2111.031;
B. The Court Investigator be appointed pursuant to ORC § 2111.131;
C. A hearing be held under ORC § 2111.02;
D. Applicant be appointed Guardian of the [☐ Person] [☐ Estate] [☐ Person and Estate];
E. Letters of Authority be issued.

Submitted by: [______________________], Counsel for Applicant; Ohio Bar No. [______________________]

PART 3 — STATEMENT OF EXPERT EVALUATION (FORM 17.1 EQUIVALENT) — EXHIBIT A

Examining Expert: [______________________]
Credentials: ☐ M.D. ☐ D.O. ☐ Licensed Clinical Psychologist
Ohio License No.: [______________________]
Date of Examination: [__/__/____] (must be within 3 months of filing)

1. Diagnosis: [______________________]
2. Cause(s) of incompetency: ☐ Mental illness ☐ Physical illness/disability ☐ Intellectual disability ☐ Chronic substance abuse ☐ Other: [______________________]
3. Description of mental and physical condition: [______________________]
4. Functional capacities and limitations:
☐ Ability to provide for personal needs: [______________________]
☐ Ability to manage property and financial affairs: [______________________]
☐ Communication and understanding: [______________________]
5. Prognosis: ☐ Permanent ☐ Reversible ☐ Likely to improve ☐ Likely to worsen
6. Recommended scope of guardianship: [______________________]
7. Specific medications and treatment regimens: [______________________]
8. Opinion as to whether less restrictive alternatives are sufficient: [______________________]

PART 4 — NEXT OF KIN OF PROPOSED WARD (FORM 15.0 EQUIVALENT)

Identification of next of kin under ORC § 2111.031:

☐ Each adult Ohio-resident next of kin will sign Form 15.1 Waiver and Consent OR will be served formal notice.

PART 5 — NOTICE TO PROPOSED WARD WITH STATEMENT OF RIGHTS (ORC § 2111.02)

TO: [PROPOSED WARD FULL LEGAL NAME]

AN APPLICATION HAS BEEN FILED ASKING THIS COURT TO DECLARE YOU INCOMPETENT AND TO APPOINT A GUARDIAN OVER YOUR PERSON AND/OR ESTATE.

A hearing will be held:

YOUR RIGHTS UNDER OHIO LAW

1. Right to be present at the hearing (ORC § 2111.02(C)).
2. Right to legal counsel of your choice. If indigent, the Court will appoint counsel.
3. Right to have an independent expert evaluation at the Court's expense if indigent.
4. Right to a jury trial in some circumstances.
5. Right to introduce evidence and to cross-examine witnesses.
6. Right to consideration of a less restrictive scope or alternative under the governing statute, current Sup.R. 8.34, and court procedure.
7. Right to a friend or family member present at the hearing.
8. Right to require that incompetency be proven by CLEAR AND CONVINCING EVIDENCE.
9. Right to challenge the proposed guardian's qualifications.
10. Right to nominate a guardian of your choice (ORC § 2111.121).
11. Right to petition the Court to terminate or modify the guardianship at any time.
12. Right to a Court Investigator visit before the hearing (ORC § 2111.131).

EFFECT OF ADJUDICATION

If the Court finds you incompetent and appoints a guardian, you will lose the right to make certain decisions about yourself or your property, including potentially the right to vote, marry, contract, drive, choose where to live, consent to medical treatment, and make financial decisions.

PART 6 — APPOINTMENT OF COURT INVESTIGATOR (ORC § 2111.131)

The Court appoints [______________________] as Court Investigator to:

1. Personally visit the proposed ward and provide notice of the hearing;
2. Provide an independent assessment of capacity and necessity of guardianship;
3. Evaluate less restrictive alternatives and scope (Sup.R. 8.34);
4. Identify possible conflicts of interest;
5. File a written Investigator Report not less than [____] days before hearing;
6. Make recommendations as to type/scope of guardianship and identity of guardian.

PART 7 — LESS RESTRICTIVE ALTERNATIVE ANALYSIS (Sup.R. 8.34)

Use this worksheet to document why the requested guardianship and each requested power are no broader than the proposed ward's demonstrated functional needs. Current Sup.R. 8.34 governs establishment and scope; counsel must confirm the controlling statutory findings and local procedure.

A. Decision Domains Evaluated:

1. Healthcare: [______________________]
2. Residential: [______________________]
3. Finances — routine: [______________________]
4. Finances — major: [______________________]
5. Social / personal: [______________________]

B. Alternatives Available and Rejected (with reasons): [______________________]

C. Hybrid Solution Considered: [______________________]

D. Preserved Rights of Ward: [______________________]

PART 8 — OATH OF GUARDIAN, FIDUCIARY'S ACCEPTANCE, AND BOND (FORM 15.2 / 15.9 / ORC § 2109.04)

FIDUCIARY'S ACCEPTANCE

I, [______________________], hereby accept appointment as Guardian of [☐ the Person] [☐ the Estate] of [WARD NAME] and acknowledge receipt of the current court-required guardian materials.

OATH OF GUARDIAN

I solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of Guardian according to the laws of Ohio, the Rules of Superintendence, and the orders of this Court.

Sworn to before me this [__] day of [__________], 20[__].

BOND (ORC § 2109.04):

PART 9 — NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that a hearing on the Application for Appointment of Guardian of Alleged Incompetent will be held:

The proposed ward has the right to be present and to be represented by counsel.

PART 10 — JUDGMENT ENTRY ADJUDICATING INCOMPETENCY AND APPOINTING GUARDIAN

The matter coming on for hearing on [__/__/____], the Court having considered the Application, the Statement of Expert Evaluation, the Court Investigator's Report, less restrictive alternatives, and the testimony presented; the proposed ward [☐ being present] [☐ being represented by counsel] [☐ having waived presence after proper notice];

THE COURT FINDS by clear and convincing evidence:

1. The proposed ward is an "incompetent" within ORC § 2111.01(D).
2. No less restrictive alternative will adequately protect the ward.
3. [______________________] is a suitable person to serve as guardian under ORC § 2109.21 and the Court's current screening requirements.
4. The scope of guardianship described below is necessitated by the ward's actual functional limitations.

IT IS THEREFORE ORDERED:

A. [______________________] is appointed Guardian of the [☐ Person] [☐ Estate] [☐ Person and Estate] [☐ Limited Guardian].
B. Powers of Guardian of the Person (ORC § 2111.13 / § 2111.14):
☐ Custody and supervision; establish residence
☐ Consent to medical, dental, mental health treatment (subject to ORC § 2111.13(C) limits on inpatient psychiatric admission)
☐ Apply for public benefits
☐ Access to records
☐ Other: [______________________]
C. Powers of Guardian of the Estate (ORC § 2111.14):
☐ Possession and management of all real and personal property
☐ Receive income, pay debts
☐ Invest prudently
☐ Sale/encumbrance of real property only with prior court approval (ORC § 2127.01 et seq.)
☐ Bring/defend civil actions
☐ Other: [______________________]
D. Rights RESERVED to Ward: [______________________]
E. Bond set at $[__________].
F. Letters of Authority shall issue upon Oath, Acceptance, and approved Bond.
G. Initial Inventory due within 3 months of appointment (ORC § 2111.14(C) / § 2115.02).
H. ANNUAL GUARDIANSHIP PLAN shall be filed when and as required by current Sup.R. 8.38, Form 27.7, local rule, and the Court's order.
I. Biennial Application to Continue Guardianship (ORC § 2111.49).
J. Guardian shall complete the six-hour Fundamentals course and annual three-hour continuing education on the schedules required by Sup.R. 8.36–8.37 and the appointing court.

PART 11 — LETTERS OF AUTHORITY (FORM 15.4 / 15.5 EQUIVALENT)

LETTERS OF AUTHORITY — GUARDIANSHIP

STATE OF OHIO, COUNTY OF [______________________]

These Letters certify that on [__/__/____], by judgment of the Probate Court of [____________________] County, Ohio, Case No. [______________________], [______________________] was duly appointed and qualified as Guardian of the [☐ Person] [☐ Estate] [☐ Person and Estate] of [WARD NAME], an incompetent, and is fully authorized to act in such capacity with the powers granted in the Judgment Entry.

Limitations: [______________________]
Expiration / Review Date: [__/__/____]

PART 12 — INITIAL INVENTORY AND ANNUAL ACCOUNTING / ANNUAL PLAN REFERENCE

Initial Inventory (Form 15.5; due within 3 months — ORC § 2115.02):

• Itemized list of real and personal property, cash, investments
• Fair market value as of date of appointment

Guardian's Account (Forms 13.0 / 13.5; biennial unless court orders otherwise):

• All receipts and disbursements
• Vouchers for disbursements
• Asset reconciliation

ANNUAL GUARDIANSHIP PLAN (current Sup.R. 8.38; Form 27.7):

• Personal and financial goals for upcoming year for the ward
• Significant changes in living arrangement, health, support
• Confirm whether the rule applies, any court-granted exemption, the correct person/estate form, and the local filing schedule
• File with the guardian's report or as otherwise ordered by the appointing court

Biennial Review / Continuation (ORC § 2111.49):

• Re-evaluation of continued need for guardianship
• Updated Statement of Expert Evaluation may be required

SOURCES AND REFERENCES

• ORC Chapter 2111 (Guardians and Conservators)
• ORC Chapter 2109 (Fiduciaries generally)
• Ohio Supreme Court Rules of Superintendence 8.30 through 8.39 (Adult Guardianship): https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/superintendence/Superintendence.pdf
• Official July 1, 2026 restructuring page and rule-number charts: https://www.supremecourt.ohio.gov/courts/courts-rules/rules-of-superintendence-restructuring/
• Current adult-guardianship education page (Sup.R. 8.36–8.37): https://www.supremecourt.ohio.gov/education/ohio-adult-guardianship-education-program/
• SCAO Probate Forms (17.0, 17.1, 15.0, 15.1, 15.2, 15.4, 15.5, 15.9, 27.7)
• Disability Rights Ohio, "Ohio's New Rules for Adult Guardianship"
• Local probate court rules (Cuyahoga, Franklin, Hamilton, Summit, Montgomery, Lake)

END OF OHIO ADULT GUARDIANSHIP PACKAGE