What is a voluntary guardianship?
A voluntary guardianship is a legal arrangement in which an adult assumes responsibility for the care and support of a minor or incapacitated adult. This arrangement is made with the approval of the court and with the consent of the adult who is assuming the care and responsibility of the minor or incapacitated adult. In Ohio, a voluntary guardianship requires the filing of a petition and accompanying forms with the probate court. The petition must be accompanied by proper documentation and information detailing the need for the guardianship and why it is in the best interest of the minor or incapacitated adult. The probate court will review the petition and accompanying documents to ensure that the proposed guardianship is in the best interest of the minor or incapacitated adult and will arrange for a hearing on the matter. At the hearing, the court will hear testimony from the proposed guardian and any other interested parties, and may also arrange for an investigation into the proposed guardianship and into the proposed guardian’s ability to provide for the minor or incapacitated adult. If the court is satisfied with the proposed guardianship and the proposed guardian’s ability to provide for the minor or incapacitated adult, then the court will enter an order creating the voluntary guardianship. The order will set forth the duties and responsibilities of the guardian, including the duties to provide for the minor or incapacitated adult’s daily needs, to file annual reports with the court, and to ensure that the minor or incapacitated adult’s legal and financial interests are protected.
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