When an adult in Ohio can’t make decisions for themselves due to mental illness or disability, guardianship may be necessary to help them with important life choices. While deciding to take on guardianship can be hard, it’s often essential to keep a vulnerable adult safe and well cared for.
This guide explains what guardianship is, why it’s needed, and the benefits it provides to both the individual and their loved ones.

What is Legal Guardianship of an Adult?

Legal guardianship in Ohio is a court process where someone is appointed to make decisions for another adult who either isn't capable of caring for their own activities of daily living or making decisions about their own medical treatments and living arrangements or isn't capable of managing their own finances and property. This arrangement is typically needed for adults with mental illness, developmental disabilities, or physical issues that limit their ability to care for themselves. The person who is granted guardianship is called the “guardian,” and the adult who needs help is known as the “ward.” The guardian steps in to handle the ward’s medical, financial, or personal needs based on what the court allows.

When is Guardianship of an Adult Necessary?

Guardianship in Ohio may become essential when an adult is unable to manage critical aspects of their life due to incapacity. Typical scenarios include adults with conditions like dementia, intellectual disabilities, traumatic brain injuries, or severe mental illnesses that inhibit their ability to make safe or appropriate decisions. In these cases, family members, medical professionals, or concerned parties might notice significant challenges in the person’s daily living, personal care, or financial management, prompting the need to establish legal guardianship.

To determine if guardianship is appropriate, a complete assessment of the individual’s capability to make decisions regarding their health, finances, and overall care is essential. Medical evaluations, discussions with family, and input from professionals familiar with the individual’s condition can support the need for guardianship. In Ohio, initiating the process involves filing a petition with the probate court, which assesses all provided information before deciding on guardianship.

How is Guardianship Established in Ohio?

To set up guardianship, a family member or someone close to the individual files a petition with the probate court in Ohio. This petition explains why guardianship is needed and provides proof that the individual is unable to make safe choices on their own. Medical reports, witness statements, and sometimes the individual’s own words help the court decide if guardianship is right.

After filing, a court hearing is scheduled where a judge reviews the information, listens to both the petitioner and the ward, and may hear from family and medical professionals. If the court decides that guardianship is necessary, a guardian is appointed, and the court provides guidelines on the responsibilities and powers of that guardian.

What Are the Types of Legal Guardianship in Ohio?

Ohio law provides several types of guardianship to cater to different needs, each tailored to suit varying degrees of responsibility and oversight.

Guardianship of the Person: This type of guardianship allows the guardian to make personal and healthcare decisions for the ward. The guardian looks after the individual’s daily needs, such as housing, medical care, and well-being.

Guardianship of the Estate: This type focuses on managing the ward’s property and financial matters. This may include paying bills, managing investments, and protecting the individual’s assets to ensure their financial security and best interests.

Limited Guardianship: In cases where the individual needs support only in specific areas, limited guardianship may be granted. This arrangement restricts the guardian’s authority to particular responsibilities, providing necessary oversight while respecting the ward’s independence in other areas.

Can Guardianship Be Modified or Ended?

Guardianship is not always permanent. In Ohio, if the ward’s capacity improves or they can independently handle their personal and financial matters, guardianship may be modified or terminated. This process involves filing a request with the probate court, which assesses whether the ward’s condition has changed to a degree that guardianship is no longer necessary.

Alternatively, if the guardian can no longer fulfill their responsibilities due to illness or other circumstances, the court can appoint a successor. The ongoing nature of guardianship also involves court reviews, ensuring the arrangement remains appropriate and beneficial to the ward’s needs.

Guardianship for Loved Ones with Special Needs

If you have an adult (or minor) loved one with special needs, understanding guardianship is essential for ensuring their care, protection, and financial stability. Guardianship is not just about managing daily needs; it’s about creating a sustainable, secure future. At Legacy Law Group, we understand the nuanced challenges families face when caring for individuals with special needs, especially when needs-based government assistance is part of the picture.

Need Help Establishing Legal Guardianship for a Loved One? Contact Legacy Law Group for Compassionate, Skilled Legal Guidance

Partnering with an experienced attorney ensures your guardianship or estate plan is thoughtfully designed to protect your loved one’s future while preserving their eligibility for essential assistance programs like Medicaid or veterans' benefits. Our team understands the complex legal and financial considerations involved and is here to provide personalized guidance every step of the way.
Contact us today to discuss how we can help you in this important process.