How are guardianship decisions made?

In Ohio, guardianship decisions are made by the Probate Court. The court must consider the recommendation of the Ohio Department of Job and Family Services or the county Board of Mental Health (or its designee) and the wishes of the person who is the subject of the guardianship. The court must also review medical evidence from the person’s doctor to determine if guardianship is necessary. Ultimately, the court will make the decision on whether or not guardianship is necessary. The court will analyze the person’s capacity to make responsible decisions, the person’s ability to care for himself or herself, and whether there are any family members or friends that are able to serve as a guardian. The court will also examine the person’s financial situation and determine if a guardian is needed to manage the person’s finances. The court must also consider the best interests of the person, and must consider whether guardianship is the least restrictive alternative. This means that the court must find that guardianship is necessary and that other solutions have been explored and found to be inadequate. If the court does find that guardianship is necessary, it can name a guardian for the person and determine the scope of the guardian’s authority.

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How are guardianship decisions made?

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