Guardianship of a Child or Adult in Ohio

The probate court appoints a guardian of the person, the estate, or both for a minor who lives or has legal settlement in the county, on its own motion or on application by any interested party, if it finds a guardian necessary. A hearing is required before appointment. The court may appoint a limited guardian with specific powers if that is in the minor's best interest, and may appoint an emergency guardian for up to 72 hours to prevent injury to the minor or the minor's estate. A person the minor selects may be appointed guardian of the person, along with or instead of someone named by a parent in a durable power of attorney or other writing.

The probate court may appoint a guardian or limited guardian for an incompetent adult after a hearing; incompetency must be proved by clear and convincing evidence. The adult has the right to independent counsel, to have a friend or family member present, and to an independent expert evaluation (with counsel and an evaluator at court expense if indigent). Evidence of a less restrictive alternative to guardianship must be considered when offered, and the court may deny guardianship if a less restrictive alternative exists. A person nominated in a durable power of attorney may apply.