Petition for Appointment of Guardian
In the Probate Court of [COUNTY] County, Ohio
Case No.: [_]
Judge: [_]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Jurisdiction & Venue
3.2 Identification of Ward
3.3 Nature & Scope of Guardianship Requested
3.4 Standards for Appointment
3.5 Proposed Guardian’s Qualifications
3.6 Assets, Income & Bond
3.7 Reporting & Compliance Plan
3.8 Powers Requested & Limitations
3.9 Protective & Injunctive Relief - Representations & Warranties
- Covenants & Restrictions
- Default, Removal & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
PETITIONER: [PETITIONER LEGAL NAME], an individual [or Ohio entity] whose address is [__] (“Petitioner”), respectfully petitions this Court, pursuant to Ohio Rev. Code Ann. § 2111.02 et seq., for appointment of a Guardian for [WARD FULL NAME] (the “Ward”).
Effective Date: The operative provisions of this Petition shall take effect upon the Court’s entry of an Order of Appointment.
Governing Law & Forum: State guardianship law of Ohio; exclusive forum in this Probate Court.
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:
“Bond” – The fiduciary surety bond required under Ohio Rev. Code Ann. § 2111.38 and any supplemental orders of this Court.
“Fiduciary Duty” – The highest duty of loyalty, prudence, and care imposed upon a Guardian under Ohio law.
“Guardian” – The individual or entity appointed by this Court to exercise the powers requested herein with respect to the Ward.
“Guardian’s Report” – The initial and periodic reports required by Ohio Rev. Code Ann. § 2111.49 and Sup. R. 66.08.
“Ward” – The minor or allegedly incompetent adult identified in Section 3.2.
[Additional definitions may be inserted as needed.]
3. OPERATIVE PROVISIONS
3.1 Jurisdiction & Venue
a. This Court has subject-matter jurisdiction under Ohio Rev. Code Ann. § 2101.24(A)(1)(c).
b. Venue is proper in [COUNTY] County because the Ward (i) is domiciled or (ii) has property within this County.
3.2 Identification of Ward
• Name: [WARD FULL LEGAL NAME]
• Date of Birth: [MM/DD/YYYY]
• Current Residence: [__]
• Basis for Guardianship: [Minority / Mental Impairment / Physical Incapacity] supported by the Statement of Expert Evaluation attached hereto as Exhibit A.
3.3 Nature & Scope of Guardianship Requested
Petitioner seeks appointment of a:
☐ Guardian of the Person
☐ Guardian of the Estate
☐ Guardian of the Person and Estate
The guardianship sought is:
☐ Non-Limited (Plenary) ☐ Limited (specify proposed limitations): [__].
3.4 Standards for Appointment
Petitioner avers that:
1. No less-restrictive alternatives adequately protect the Ward’s person or estate.
2. The Ward’s functional limitations meet the standard set forth in Ohio Rev. Code Ann. § 2111.02(B).
3. Appointment is in the Ward’s best interests pursuant to Sup. R. 66.04(B).
3.5 Proposed Guardian’s Qualifications
a. Identity: [PROPOSED GUARDIAN NAME], relationship: [_].
b. Age & Residency: [_].
c. Criminal & Financial History: No disqualifying convictions or bankruptcies.
d. Education/Experience: [__].
e. Nomination by Ward (if applicable): Attached Exhibit B.
3.6 Assets, Income & Bond
Estimated value of the Ward’s:
• Personal Property $[_] • Real Property $[_] • Annual Income $[____]
Bond requested: $[_____] (not less than double the value of personal property and one year’s income) in accordance with Ohio Rev. Code Ann. § 2111.38.
[// GUIDANCE: Insert premium payment source and surety company information once obtained.]
3.7 Reporting & Compliance Plan
The Guardian will:
1. File an Inventory within 3 months of appointment (R.C. § 2111.14).
2. File the Guardian’s Report annually or as otherwise ordered (R.C. § 2111.49; Sup. R. 66.08).
3. Complete Guardian Fundamentals and continuing education (Sup. R. 66.06).
4. Maintain records for inspection per Sup. R. 66.09.
3.8 Powers Requested & Limitations
Petitioner requests authority to:
a. Establish residence for the Ward.
b. Consent to medical, psychiatric, and surgical treatment.
c. Manage, invest, and dispose of assets subject to statutory investment restrictions.
d. Apply for governmental benefits.
e. Institute or defend legal actions.
[// GUIDANCE: List any special powers—e.g., sale of real estate—requiring separate court approval.]
3.9 Protective & Injunctive Relief
If immediate harm is threatened, Petitioner seeks temporary protective orders restraining any person from dissipating the Ward’s assets pending the hearing.
4. REPRESENTATIONS & WARRANTIES
The Petitioner represents and warrants to the Court and all interested parties that:
1. All statements herein are true, complete, and made under oath.
2. Petitioner is unaware of any other pending guardianship proceeding concerning the Ward.
3. All known next of kin have been identified on Exhibit C and will be timely served.
4. Petitioner will discharge all Fiduciary Duties upon appointment.
5. COVENANTS & RESTRICTIONS
The Guardian, upon appointment, shall:
a. Strictly comply with all provisions of Chapter 2111 of the Ohio Revised Code and Sup. R. 66.
b. Seek specific court authority prior to entering into transactions self-dealing with the Ward’s assets.
c. Provide thirty (30) days’ advance written notice to the Court and interested parties of any intent to move the Ward’s domicile outside Ohio.
d. Refrain from delegating core fiduciary functions absent court order.
6. DEFAULT, REMOVAL & REMEDIES
6.1 Events of Default
• Failure to file required reports.
• Misappropriation or mismanagement of assets.
• Violation of court orders or fiduciary duties.
6.2 Notice & Cure
Except in emergency circumstances, the Guardian shall receive ten (10) days’ written notice to cure any default before removal proceedings commence.
6.3 Remedies
The Court may:
a. Suspend or remove the Guardian.
b. Require additional Bond or surety.
c. Surcharge the Guardian for losses, award attorney fees, and impose contempt penalties.
7. RISK ALLOCATION
7.1 Indemnification
The Guardian shall be subject to personal liability for breach of Fiduciary Duty but shall be indemnified from the Ward’s estate for reasonable expenses incurred in good-faith performance, subject to prior court approval.
7.2 Liability Cap
Guardian liability to third parties shall be capped at the penal sum of the Bond, except for willful misconduct, gross negligence, or bad faith.
7.3 Insurance
Petitioner requests authority to obtain fiduciary liability insurance naming the Ward’s estate as beneficiary.
7.4 Force Majeure
Guardian shall not be deemed in default for failure to act where performance is rendered impossible by events beyond reasonable control, provided prompt notice is given to the Court.
8. DISPUTE RESOLUTION
Governing Law: Ohio Revised Code Chapter 2111.
Forum Selection: Exclusive jurisdiction and venue in the Probate Division of the Court of Common Pleas of [COUNTY] County, Ohio.
Arbitration: Not applicable.
Jury Trial: Waived pursuant to Ohio law governing probate matters.
Injunctive Relief: The Court shall retain authority to issue protective orders as equity requires.
9. GENERAL PROVISIONS
9.1 Amendments
Any modification of the Guardian’s powers requires written motion and order of this Court.
9.2 Assignment
Guardianship duties are personal and non-delegable except as expressly authorized by statute or court order.
9.3 Severability
If any provision is found unenforceable, the remaining provisions shall remain in full force.
9.4 Integration
This Petition, including all exhibits and any subsequent court orders, constitutes the entire request for relief.
9.5 Electronic Signatures
Pursuant to Ohio Civ. R. 5(E) and local probate rules, electronic filings and signatures are permitted and deemed originals.
10. EXECUTION BLOCK
DATED: [MM/DD/YYYY]
Respectfully submitted,
[PETITIONER NAME]
[Address]
[Telephone] | [Email]
State of Ohio )
County of [COUNTY] ) SS:
On this _ day of _, 20__, before me, a Notary Public in and for said State, personally appeared [PETITIONER NAME], who acknowledged that (s)he executed the foregoing Petition for the purposes therein contained and, being duly sworn, stated that the facts set forth therein are true to the best of his/her knowledge and belief.
Notary Public
My commission expires: [__]
EXHIBITS (List)
A. Statement of Expert Evaluation (Standard Probate Form 17.1)
B. Nomination/Consent of Guardian (if applicable)
C. Next of Kin & Interested Persons List
D. Proposed Entry Appointing Guardian
E. Fiduciary’s Bond
[// GUIDANCE: Attach applicable Supreme Court of Ohio Standard Probate Forms for seamless filing; confirm any additional county-specific forms with the clerk before submission.]