Who is eligible for guardianship?

In Ohio, anyone who is under 18 years old, legally incapacitated, or in need of protection may be eligible for guardianship. A legal incapacitated individual is an adult who due to age, disease, or disability, is unable to make decisions and manage their affairs. In terms of minors, if the child’s parents are no longer able to provide care and protection to the child, or if the child’s best interests are not served by their parents, then a court may decide that the child needs a guardian. This could include children who have been neglected, abused or abandoned, or are living in a home in which their physical, mental, emotional, or moral well-being is at risk. If an individual is aged 18 or over, they can nominate someone else to take on guardianship responsibilities through a formal document known as a power of attorney. This document allows someone else to act on behalf of that individual with regards to financial and medical matters. This is common for those who may have diminished capacity due to aging, mental illness, or disability. In all cases, guardianship applications must be filed with the court in the county where the individual lives. The court will then make a decision based on the individual’s best interests. All guardians are held accountable to the court, ensuring that the individual’s wellbeing is always the top priority.

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