Guardianship Responsibilities in Ohio
- A guardian of the person looks after the daily needs of the ward, as well as pays the related living expenses from the ward's assets. The guardian's specific duties depend on the needs of the ward and the responsibilities assigned by the Ohio probate court during the guardian's appointment. The guardian of the person may need to oversee the ward's living arrangements, feeding, clothing and health-related needs. If the guardian's ward is a minor, the guardian may need to make decisions regarding the ward's education.
- The court can approve the guardian as a guardian of the person or of the estate. When a guardian has both types of duties, the court has assigned a plenary guardianship. A guardian of the estate has responsibilities for the ward's ongoing financial matters, within the oversight of the Ohio probate court through which he received his guardianship. The guardian oversees the ward's assets and debts, with an eye toward the ward's financial "best interests" in the present and future. Assets paid to the ward go into an account for which the guardian serves as the fiduciary. The guardian may invest the ward's assets within limits set by Ohio law. The guardian can collect debts owed to the ward, pay the ward's debts, sign contracts or transfer property, all on behalf of the ward.
- Every guardian of the estate has reporting obligations as part of the guardianship responsibilities. The guardian must complete an inventory of the ward's financial assets and file the inventory with the Ohio probate court within three months of becoming the guardian of the estate. The guardian must also file an annual report listing every purchase made by the guardian on behalf of the ward. Furthermore, the guardian must file a detailed report with the court every two years to describe the ward's current condition, note any significant changes to the ward's condition, describe the guardian's contact with the ward and submit a medical evaluation from a licensed doctor, social worker or clinical psychologist who has seen the ward.
- The guardianship requirements differ for a limited guardianship or another type of temporary guardianship under Ohio law. In a limited guardianship, the guardian only has the responsibilities specifically conferred by the Ohio probate court in its Order of Limited Guardianship. In an interim guardianship, the guardian only has responsibilities during the period of time following the resignation or removal of a previous guardianship, if the probate court believes that the ward needs an immediate guardian before the court decides whether to appoint another guardian.
Guardian of the Person
Guardian of the Estate
Reporting Requirements
Limited or Interim Guardianships
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