Can a guardian be appointed over the objections of the ward?
In Ohio, guardianship law states that a guardian may be appointed over the objections of the ward in some cases. This is generally only done if the court believes it is in the best interest of the ward, and the guardianship is necessary to ensure the safety and wellbeing of the ward. To do this, the court must believe that the ward lacks the capacity to make decisions for themselves, and that the guardianship is the only option to protect the ward from their own decisions. The court will consider the objections of the ward and any objections their family may have when deciding to appoint a guardian. However, if the court believes that a guardianship is still the best solution, they may appoint one over the objections of the ward. This decision must be made with the best interest of the ward in mind, and the court must be able to demonstrate this. A guardian is generally appointed to make decisions related to the financial wellbeing, health care, and other matters the court deems necessary. The guardian may not make decisions which go against the expressed wishes of the ward unless the court specifically grants them the authority to do so. The court may also require the guardian to receive permission from the court before making decisions.
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