Guardianship Process

*Please note, this can vary by county. The following is an overview of the Summit County Probate Court in Akron, Ohio

The guardianship process in Summit County, Ohio, follows the general legal procedures outlined by the state law found here.

1. Petition: The process begins by filing an Application for Guardianship and a Statement of Expert Evaluation with the Summit County Probate Court. The petitioner, who can be a related party or an individual seeking guardianship, submits the necessary forms and documents to initiate the process.

2. Evaluation: The court will appoint a court investigator to assess the situation and gather information about the proposed ward’s capacity and need for guardianship. The court investigator conducts interviews, reviews records, and provides a report to the court.

3. Notice: The court is responsible for providing notice of the guardianship proceedings to all interested parties, including the proposed ward, their immediate family members, and any other individuals or entities identified by the court.

4. Hearing: The court schedules a hearing to review the petition and any supporting evidence. The proposed ward has the right to legal representation and may attend the hearing to present their case or have someone speak on their behalf.

5. Determination: Based on the evidence presented, the court makes a two-fold decision on whether guardianship is necessary; is the proposed ward incapacitated and who is the most suitable guardian. If granted, the court will determine the scope of the guardianship, such as guardianship of the person, estate, or both.

6. Letters of Guardianship: Once the court approves the guardianship, the appointed guardian receives “Letters of Guardianship,” which is a legal document that confirms their authority to act on behalf of the ward. The Letters of Guardianship need to be presented when conducting official business or making decisions on behalf of the ward.

7. Ongoing Reporting: The guardian is required to file regular reports and financial accountings with the court, providing updates on the ward’s well-being, financial management, and other relevant information as determined by the court.

It’s crucial to understand that the guardianship process involves legal complexities and compliance with specific procedures. Seeking guidance from an attorney experienced in guardianship matters can help ensure that all requirements are met and the process is properly follow