Ohio Guardianship Laws: Minors, Incompetent Adults, Probate (2026)

In Ohio, guardianship is a probate court proceeding under Revised Code chapter 2111: the probate court appoints a guardian of the person, the estate, or both, of a minor or of an adult the statute calls an "incompetent," and for an adult the burden of proving incompetency is clear and convincing evidence (R.C. 2111.02(A), (C)(3)). The person under guardianship is the "ward," and the property-side role is the guardian of the estate.

Ohio uses one familiar word differently. An Ohio "conservator" is not a court-imposed money manager: a conservatorship under R.C. 2111.021 is a voluntary arrangement that a competent adult who is physically infirm asks the probate court to set up for themselves. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Ohio state law on guardianship of minors and incompetent adults in Revised Code chapter 2111, the guardian of the estate, Ohio's voluntary conservatorship, the grandparent power of attorney and caretaker authorization affidavit in chapter 3109, and moving an adult guardianship under chapter 2112. It does not cover custody disputes between parents (see Ohio child custody laws), grandparent visitation (see Ohio grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Ohio probate), dependency and foster-care cases in juvenile court, which are a separate track, civil commitment, or the Supreme Court of Ohio's rules of superintendence for guardians.

Ohio guardianship terms and where the law lives

Ohio guardianship law sits in Revised Code chapter 2111, with bond and accounting rules in chapter 2109, the no-court options for grandparents in chapter 3109, and the interstate rules in chapter 2112, the Adult Guardianship and Protective Proceedings Jurisdiction Act.

The statute defines a guardian broadly:

"Guardian," other than a guardian under sections 5905.01 to 5905.19 of the Revised Code, means any person, association, or corporation appointed by the probate court to have the care and management of the person, the estate, or both of an incompetent or minor. When applicable, "guardian" includes, but is not limited to, a limited guardian, an interim guardian, a standby guardian, and an emergency guardian appointed pursuant to division (B) of section 2111.02 of the Revised Code.

R.C. 2111.01(A)

For adults, the key definition is "incompetent":

"Incompetent" means either of the following: (1) Any person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property or fails to provide for the person's family or other persons for whom the person is charged by law to provide; (2) Any person confined to a correctional institution within this state.

R.C. 2111.01(D)

How to get guardianship of a child in Ohio

The probate court may appoint a guardian of the person, the estate, or both, of a minor, on its own motion or on application by any interested party, if the minor is a resident of the county or has a legal settlement there (R.C. 2111.02(A)). Section 2111.06 says when a guardian of a minor's person is appointed:

A guardian of the person of a minor shall be appointed as to a minor having no father or mother, whose parents are unsuitable persons to have the custody of the minor and to provide for the education of the minor as required by section 3321.01 of the Revised Code, or whose interests, in the opinion of the court, will be promoted by the appointment of a guardian.

R.C. 2111.06

Before exercising its jurisdiction to appoint a guardian of a minor, the court must comply with the jurisdictional standards of R.C. 3127.01 to 3127.53 (R.C. 2111.06). Parents start out in charge: under R.C. 2111.08, "The wife and husband are the joint natural guardians of their minor children and are equally charged with their care, nurture, welfare, and education and the care and management of their estates." Disputes between parents over custody are a separate subject; see Ohio child custody laws, and for grandparent visitation see Ohio grandparents' rights.

The application. An applicant must state, among other things, whether the applicant has ever been charged with or convicted of any crime involving theft, physical violence, or sexual, alcohol or substance abuse, and if so the date and place of each charge and conviction (R.C. 2111.03(A)), and whether a limited guardianship is sought (R.C. 2111.03(B)).

Notice. Except for an interim or emergency guardian, no guardian of the person, the estate, or both may be appointed until at least seven days after the probate court has caused written notice of the time and place of the hearing to be served, and notice may not be waived by the person for whom the appointment is sought (R.C. 2111.04(A), (C)). For a minor, notice goes to the minor, if over 14, by personal service, to each parent whose name and address is known or can be found with reasonable diligence, to next of kin living in Ohio if no parent can be notified, and to the person who has custody of the child (R.C. 2111.04(A)(1)). The court may appoint a probate court investigator to report on the need for a guardianship, and any such report must be considered before a guardianship is established (R.C. 2111.042).

The child's own choice. "A minor over the age of fourteen years may select a guardian who shall be appointed if a suitable person" (R.C. 2111.12(A)).

What the guardian decides. A guardian of the person and estate of a minor has "the custody of the ward, the obligation to provide for the education of the ward as required under section 3321.01 of the Revised Code, and the management of the ward's estate during minority" (R.C. 2111.07). A guardian of the person may authorize or approve medical, health or other professional care, counsel, treatment or services for the ward "unless the ward or an interested party files objections with the probate court, or the court, by rule or order, provides otherwise" (R.C. 2111.13(C)).

When it ends. When a guardian was appointed before the minor was over 14, the guardian's power continues until the ward reaches the age of majority, "unless removed for good cause or unless the ward selects another suitable guardian" (R.C. 2111.46). If a minor's guardianship ends before the minor turns 18, no successor guardian is appointed, and the court finds the minor is without proper care, the probate court certifies its finding to the juvenile court, which then has exclusive jurisdiction respecting the minor (R.C. 2111.46).

A child's money without a full guardianship

Ohio has two small-estate routes for minors:

• Up to $5,000 a year. The probate court may authorize a person who owes money or personal property to a minor without a guardian of the estate to pay or deliver it, in amounts not exceeding five thousand dollars annually, to one of the recipients R.C. 2111.131(A) lists.
• Estates of $25,000 or less. If the estate is $25,000 or less and the ward is a minor, the court, without appointing a guardian or requiring bond, may authorize a deposit in a depository authorized to receive fiduciary funds, payable to the guardian when appointed or to the ward at majority, among the options R.C. 2111.05 provides.

Can a parent name a guardian in a will in Ohio?

Yes. A surviving parent may appoint a guardian by will, and any parent may nominate a guardian for a minor child in a durable power of attorney or a signed writing under R.C. 2111.121 (R.C. 2111.12(B), (C)). Under R.C. 2111.12(B), "A surviving parent by a will in writing may appoint a guardian for any of the surviving parent's children, whether born at the time of making the will or afterward, to continue during the minority of the child or for a less time."

How much weight the nomination carries depends on the role:

• Guardian of the estate. A person a parent names in a will as guardian of the minor's estate "shall have preference in appointment over the person selected by the minor" (R.C. 2111.12(B)).
• Guardian of the person. A person named in the will as guardian of the minor's person "shall have no preference in appointment over the person selected by the minor," and the probate court may appoint the person named in the will, the person selected by the minor, or some other person (R.C. 2111.12(B)).
• Durable power of attorney or signed writing. The same split applies to a nominee named in a durable power of attorney or an R.C. 2111.121 writing: an estate nominee has preference over the minor's choice, a person nominee does not (R.C. 2111.02(D)(1)).

Ohio also recognizes a guardian nomination made in a signed writing under R.C. 2111.121. To be effective, the writing must be signed by the person making the nomination in the presence of two witnesses, signed by the witnesses, and contain, immediately before their signatures, an attestation that the person signed in their presence; or it must be acknowledged by the person making the nomination before a notary public. The writing may be filed with the probate court for safekeeping, and the court "shall designate the nomination as the nomination of a standby guardian" (R.C. 2111.121(D)). Any appointment still runs through the probate court under R.C. 2111.02, and except for good cause shown or disqualification, the court appoints according to the most recent nomination (R.C. 2111.121(B)). Will-signing rules are covered on our Ohio wills and trusts page.

Letting a grandparent care for a child without going to court

Ohio's chapter 3109 tools are written for a grandparent. Neither is a guardianship.

Grandparent power of attorney

Under R.C. 3109.52, "The parent, guardian, or custodian of a child may create a power of attorney that grants to a grandparent of the child with whom the child is residing any of the parent's, guardian's, or custodian's rights and responsibilities regarding the care, physical custody, and control of the child, including the ability to enroll the child in school ... and to consent to medical, psychological, or dental treatment for the child." The statute sets these limits:

• No marriage or adoption. The power of attorney "may not grant authority to consent to the marriage or adoption of the child" (R.C. 3109.52).
• No custody. It "does not affect the rights of the parent, guardian, or custodian of the child in any future proceeding concerning custody of the child or the allocation of parental rights and responsibilities for the care of the child and does not grant legal custody to the attorney in fact" (R.C. 3109.52).
• Notarized. The power of attorney is signed by the parent, guardian or custodian and by the grandparent, and "For the power of attorney to be effective, the signatures must be notarized" (R.C. 3109.54).
• Who signs. Both parents must sign if they are married and living together, or if a shared-parenting order covers the child, or if a custody order covers the child (with the exceptions in R.C. 3109.56(A)(3)); in other cases, only the residential parent and legal custodian may sign, or, if no court has designated a residential parent and legal custodian and R.C. 3109.042 does not apply, the parent the child lives with for most of the school year (R.C. 3109.56(B)).
• When it may be used. Only when the parent, guardian or custodian is seriously ill, incarcerated or about to be, temporarily unable to provide financial support or parental guidance, temporarily unable to provide adequate care because of a physical or mental condition, homeless because the residence is destroyed or uninhabitable, or in or about to enter residential substance-abuse treatment, or has a well-founded belief that it is in the child's best interest; a parent may also create one if the other parent has died (R.C. 3109.57).
• Notice to the other parent. Unless an exception in R.C. 3109.55(A) applies, the person who creates it sends notice by certified mail to the parent who is not the residential parent and legal custodian within five days, and the receipt is filed with the power of attorney (R.C. 3109.55, 3109.74(B)).
• Pending cases. It may not be executed while certain proceedings are pending regarding the child, including a proceeding for the appointment of a guardian for, or the adoption of, the child, among the proceedings R.C. 3109.58(B) lists.
• How long. It has no fixed term. It ends at the first of: written revocation by the person who created it, with written notice to the grandparent and to the juvenile court where it was filed; the child no longer living with the grandparent; a court order; or the death of the child or the grandparent (R.C. 3109.59(A)). A copy of a revocation must be filed with the court within five days (R.C. 3109.59(B)).

Caretaker authorization affidavit

When a child is living with a grandparent "who has made reasonable attempts to locate and contact both of the child's parents, or the child's guardian or custodian, but has been unable to do so," the grandparent may obtain authority to exercise care, physical custody and control of the child by executing a caretaker authorization affidavit (R.C. 3109.65(A)). The affidavit is executed when it is completed, signed by the grandparent, and notarized (R.C. 3109.67).

The affidavit ends when the child stops living with the grandparent, by court order, on the death of the child or the grandparent, or when a parent, guardian or custodian delivers written notice disapproving the grandparent's action or decision and the grandparent returns the child or does not file a custody complaint within 14 days (R.C. 3109.70, 3109.72).

Rules for both

• Filing. "The power of attorney or affidavit shall be filed not later than five days after the date it is created or executed and may be sent to the court by certified mail" (R.C. 3109.74(A)).
• After a revocation or termination. Within 14 days, a grandparent who believes the revocation, termination or removal is not in the child's best interest may file a custody complaint in juvenile court, and may keep the child until that period expires or, if a complaint is filed, until the court orders otherwise (R.C. 3109.76).
• One at a time. Only one such power of attorney or affidavit may be in effect for a child at a time (R.C. 3109.80), and neither affects the enforcement of a child support order unless a child support enforcement agency or court orders otherwise (R.C. 3109.79).
• Not for school sports or academics. No person may create the power of attorney or execute the affidavit "for the purpose of enrolling the child in a school or school district so that the child may participate in the academic or interscholastic athletic programs provided by the school or school district" (R.C. 3109.78(A)). Doing so is falsification, a first-degree misdemeanor, and the document is void from the date it was made (R.C. 3109.78(B), (C)).

How to become guardian of an adult in Ohio

Who may apply, and where

A probate court, on its own motion or on application by any interested party, "shall appoint" a guardian of the person, the estate, or both, of an incompetent "If found necessary," subject to the rest of R.C. 2111.02 and the other sections it names. The person must be a resident of the county or have a legal settlement there, and an adult must be a qualified respondent as described in R.C. 2112.21 (the jurisdiction section of the interstate act) and "have the opportunity to have the assistance of counsel in the proceeding" (R.C. 2111.02(A)).

The application

For an alleged incompetent, the application must give the person's name, age and residence, the facts on which the application is based, and the name, degree of kinship, age and address of the next of kin (R.C. 2111.03(D)). It must also disclose the applicant's own charges or convictions for crimes involving theft, physical violence, or sexual, alcohol or substance abuse (R.C. 2111.03(A)) and state whether a limited guardianship is sought, with the limited powers requested and whether it is for a definite or indefinite period (R.C. 2111.03(B)).

Notice and the court investigator

Written notice of the hearing must be served at least seven days before a non-emergency appointment, and the person for whom the appointment is sought cannot waive it (R.C. 2111.04(A), (C)).

At the time notice is served on an alleged incompetent, the court must have a regular probate court investigator, or a temporary one it appoints, investigate the person's circumstances (R.C. 2111.041(A)). The investigator's report includes, among other items, "A recommendation regarding the necessity for a guardianship or a less restrictive alternative" and a recommendation on whether an attorney should be appointed to represent the alleged incompetent. The report becomes part of the record and "shall be considered by the court prior to establishing any guardianship for the alleged incompetent" (R.C. 2111.041(B)).

Medical and expert evaluation

The court may appoint physicians, clinical nurse specialists, certified nurse practitioners and other qualified persons "to examine, investigate, or represent the alleged incompetent, to assist the court in deciding whether a guardianship is necessary" (R.C. 2111.031, effective March 20, 2025).

The respondent's rights at the hearing

If the hearing concerns a guardian or limited guardian for an alleged incompetent, the alleged incompetent has these rights under R.C. 2111.02(C)(7):

• to be represented by independent counsel of the alleged incompetent's choice;
• to have a friend or family member of their choice present;
• to have evidence of an independent expert evaluation introduced; and
• if indigent, on the alleged incompetent's request, to have counsel and an independent expert evaluator appointed at court expense, and, if the guardianship, limited guardianship or standby guardianship decision is appealed, to have counsel appointed and necessary transcripts prepared at court expense.

Appointed counsel at court expense is therefore tied to indigence and a request, while the right to retain independent counsel applies to every alleged incompetent at such a hearing.

The burden of proof and less restrictive alternatives

R.C. 2111.02(C) sets three rules that work together:

(3) If the hearing concerns the appointment of a guardian or limited guardian for an alleged incompetent, the burden of proving incompetency shall be by clear and convincing evidence. ... (5) Evidence of a less restrictive alternative to guardianship may be introduced, and when introduced, shall be considered by the court. (6) The court may deny a guardianship based upon a finding that a less restrictive alternative to guardianship exists.

The wording is permissive: the court must consider a less restrictive alternative once evidence of one is introduced, and it "may deny" a guardianship on finding one exists.

Full or limited guardianship

If the probate court finds it to be in the best interest of an incompetent or minor, it may appoint a limited guardian with specific limited powers, for a definite or indefinite period. An incompetent or minor with a limited guardian "retains all of the incompetent's or minor's rights in all areas not affected by the court order appointing the limited guardian" (R.C. 2111.02(B)(1)).

Who serves as guardian

• A spouse. When a guardian is appointed for a person who has a spouse, the court may appoint the spouse if it is satisfied the spouse is competent to discharge the duties (R.C. 2111.11).
• Corporations. An appointment of a corporation as guardian applies to the estate only, not the person, except in the cases R.C. 2111.10(B) lists. One exception is a nonprofit corporation domiciled in Ohio that the probate court certifies to be appointed guardian of the person of an incompetent; it "shall not be the residential caregiver, health care provider, or employer of the incompetent" (R.C. 2111.10(B)).
• A nominated guardian. A person may nominate a guardian for themselves, or for a minor or incompetent adult child, in a writing signed before two attesting witnesses or acknowledged before a notary (R.C. 2111.121(A)). Except for good cause shown or disqualification, the court appoints according to the most recent nomination (R.C. 2111.121(B)). A parent's nominee for an incompetent adult child has preference over other applicants if competent, suitable and willing, and if the adult child has no spouse or adult child and has not designated a guardian (R.C. 2111.02(D)(2)).

The probate court as "superior guardian"

Ohio gives the probate court continuing control. "At all times, the probate court is the superior guardian of wards who are subject to its jurisdiction, and all guardians who are subject to the jurisdiction of the court shall obey all orders of the court that concern their wards or guardianships" (R.C. 2111.50(A)(1)). On questions of medical or surgical care or treatment of incompetents or minors under guardianship, the probate court "has full parens patriae powers unless otherwise provided by a section of the Revised Code" (R.C. 2111.50(F)).

Reports, inventory, accounts and bond

Guardian's report. Subject to the rest of the section, the guardian of an incompetent person must file a guardian's report "two years after the date of the issuance of the guardian's letters of appointment and biennially after that time, or at any other time upon the motion or a rule of the probate court" (R.C. 2111.49(A)(1), effective March 20, 2025). Among its contents is a statement by a licensed physician, clinical nurse specialist, certified nurse practitioner, clinical psychologist, independent social worker, professional clinical counselor, or developmental disability team that evaluated or examined the ward within three months before the report, on the need to continue the guardianship.

Inventory. A guardian must make and file, within three months after appointment, "a full inventory of the real and personal property of the ward, its value, and the value of the yearly rent of the real property" (R.C. 2111.14(A)(1)).

Accounts. Every guardian or conservator must render an account of the administration of the ward's estate at least once in each two years. A guardian of the person is not required to render an account except upon a court order issued for good cause shown (R.C. 2109.302).

Bond. Unless law, order or local rule provides otherwise, a guardian files a bond before letters issue, in an amount the court fixes but not less than double the probable value of the personal property and annual real property rentals that will come under the guardian's control (R.C. 2109.04(A)(1)). If a parent's will says the guardian may serve without bond, the court may appoint without bond or still require one (R.C. 2109.04(A)(2)). Among the other bond rules in R.C. 2109.04, a guardian of the person only does not have to give bond unless, for good cause shown, the court considers one necessary, and when the probable value of the personal property and annual real property rentals that will come under the guardian's control is less than $10,000, the court may waive or reduce the bond (R.C. 2109.04(A)(3), (4)).

Small estates of adults. If an adult adjudged incompetent has a whole estate of $25,000 or less, the court may, without appointing a guardian or requiring bond, authorize deposit of the estate in the name of a suitable person it designates, or delivery of non-cash assets to that person, who holds them as the court directs (R.C. 2111.05).

Costs for indigent wards. Each county must keep an indigent guardianship fund, paid out only on the probate judge's order and only for costs, fees, charges or expenses associated with establishing, opening, maintaining or terminating a guardianship for an indigent ward (R.C. 2111.51).

Emergency guardianship in Ohio

R.C. 2111.02(B)(3) sets the conditions. If a minor or incompetent has not been placed under a guardianship, "an emergency exists," and "it is reasonably certain that immediate action is required to prevent significant injury to the person or estate of the minor or incompetent," the court, ex parte, may issue any order it considers necessary to prevent injury, "or may appoint an emergency guardian for a maximum period of seventy-two hours."

For good cause shown, after notice to the minor or incompetent and interested parties, and after a hearing, the court may extend an emergency guardianship "for a specified period, but not to exceed an additional thirty days" (R.C. 2111.02(B)(3)). The seven-day notice rule in R.C. 2111.04(A) does not apply to an interim or emergency guardian.

Interim guardian. If an appointed guardian is removed or resigns and the ward's welfare requires immediate action, the court may appoint an interim guardian, ex parte and with or without notice, for a maximum of 15 days; for good cause, after notice and a hearing, it may extend the interim guardianship for a specified period of no more than an additional 30 days (R.C. 2111.02(B)(2)).

Ohio's voluntary conservatorship

R.C. 2111.021 is an option for an adult who is still competent:

A competent adult who is physically infirm may petition the probate court of the county in which the petitioner resides, to place, for a definite or indefinite period of time, the petitioner's person, any or all of the petitioner's real or personal property, or both under a conservatorship with the court. ... After a hearing, if the court finds that the petition was voluntarily filed and that the proposed conservator is suitable, the court shall issue an order of conservatorship.

The petitioner can end it by signing a written termination notice, which is filed with the court and served on the conservator; for a conservatorship of the estate, the notice is void unless filed with the court within 14 days after it is signed. It also ends on a judicial determination of incompetency, the petitioner's death or court order. Neither setting one up nor petitioning for one is evidence of mental impairment (R.C. 2111.021).

A conservator, like a guardian, must account for the administration of the estate at least once every two years (R.C. 2109.302(A)).

How an Ohio guardianship ends or rights are restored

Review hearing. On a written request by the ward, the ward's attorney, or any other interested party made at any time more than 120 days after the original appointment, a hearing must be held under R.C. 2111.02 to evaluate the continued necessity of the guardianship. On written request, the court must hold at least one such hearing in the calendar year of the appointment and at least one in each later calendar year, and it may, in its discretion, hold one within the first 120 days. "If the ward alleges competence, the burden of proving incompetence shall be upon the applicant for guardianship or the guardian, by clear and convincing evidence" (R.C. 2111.49(C)).

Termination. After reasonable notice to the guardian, the ward and the person who applied for the appointment, and on satisfactory proof that the guardianship is no longer necessary or that the letters were improperly issued, the probate court must order the guardianship of an incompetent terminated; the ward is restored to full control of the ward's property, and the entry "shall have the same effect as a determination by the court that such person is competent" (R.C. 2111.47).

Alternatives to guardianship in Ohio

Ohio's guardianship statute builds in a less restrictive alternative check: the investigator reports on one (R.C. 2111.041), the court must consider evidence of one when introduced, and the court may deny a guardianship because one exists (R.C. 2111.02(C)(5), (6)).

Powers of attorney. A power of attorney is signed while a person still has capacity; signing requirements are covered on our Ohio power of attorney laws page. Free drafting tools are available for an Ohio power of attorney and an Ohio advance directive; a tool is not legal advice, and any document must be signed under the Ohio rules on the power of attorney page.

Life-sustaining treatment decisions. For an adult in a terminal condition, or in a permanently unconscious state for at least the preceding 12 months, who has no legally effective declaration or durable power of attorney for health care, Ohio law lets relatives consent to withholding or withdrawing life-sustaining treatment in a set order: the guardian, if any, then the spouse, then an adult child or a majority of available adult children, then the parents, then an adult sibling or a majority of available adult siblings, then the nearest other adult relative (R.C. 2133.08(A), (B)). The statute does not permit or require a guardian to be appointed for this purpose.

Voluntary conservatorship. For a competent adult who is physically infirm, the R.C. 2111.021 conservatorship described above is a court-supervised arrangement the adult chooses.

Supported decision-making (pending). Senate Bill 35 of the 136th General Assembly, a supported decision-making bill, passed the Ohio Senate on October 15, 2025, was introduced in the House on October 21, 2025, and was referred to the House Children and Human Services Committee on October 22, 2025. It is a bill, not law.

Federal benefits. Federal programs make their own appointments: the Social Security Administration decides whether representative payment is in a beneficiary's interest and appoints its own payee, and a legal guardian is one person it may choose rather than an automatic payee (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Ohio with a guardianship

Ohio enacted Revised Code chapter 2112, which "may be cited as the Adult Guardianship and Protective Proceedings Jurisdiction Act" (R.C. 2112.011). It applies to adults; for a minor, the court applies the R.C. 3127 jurisdictional standards (R.C. 2111.06).

• Leaving Ohio. "A guardian appointed in this state may petition the probate court to transfer the guardianship to another state" (R.C. 2112.31(A)). For a guardianship of the person, the court issues a provisional transfer order if it is satisfied the other state will accept the guardianship and finds that the ward is in or is reasonably expected to move permanently to that state, that no objector has shown the transfer is contrary to the ward's interests, and that plans for care and services in the other state are reasonable and sufficient (R.C. 2112.31(D)).
• Coming to Ohio. If a guardian was appointed in another state and no application for a guardian of the person is pending in Ohio, that guardian, after notifying the appointing court of an intent to register, may register the guardianship order by filing certified copies of the order and letters of office as a foreign judgment in an Ohio probate court (R.C. 2112.41). A guardian of the estate registers in a county where the ward's property is located, filing certified copies of the order, letters and any bond (R.C. 2112.42).

Pending changes to watch

• House Bill 491 (136th General Assembly). Introduced "to make changes to Guardianship Law," it would amend R.C. 2111.01, 2111.02, 2111.021, 2111.03, 2111.04, 2111.12, 2111.13, 2111.46, 2111.47, 2111.49, 2111.50 and other sections, enact R.C. 2111.023, and repeal R.C. 2111.07, 2111.15, 2111.34, 2111.35, 2111.36 and 2111.45. It is a bill, not law.
• Senate Bill 35 (136th General Assembly). The supported decision-making bill described above; not law.

Ohio guardianship at a glance

Related Ohio pages

• Guardianship laws by state
• Ohio power of attorney laws
• Ohio grandparents' rights
• Ohio child custody laws
• Ohio probate

This article provides general legal information about Ohio guardianship law, not legal advice. Guardianship cases turn on their facts and on local probate court practice. For advice about a specific situation, contact a lawyer licensed in Ohio or the probate court of the county where the case would be filed.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Ohio?

An interested party may apply to the probate court of the county where the child resides or has a legal settlement (R.C. 2111.02(A)). A guardian of a minor's person is appointed for a minor who has no father or mother, whose parents are unsuitable to have custody and provide for the child's education, or whose interests, in the court's opinion, will be promoted by the appointment (R.C. 2111.06).

Can a grandparent care for a grandchild in Ohio without court?

A parent, guardian or custodian may sign a notarized power of attorney in favor of a grandparent the child lives with, only in the circumstances R.C. 3109.57 lists (such as serious illness, incarceration or a temporary inability to care for the child) and with both parents signing where R.C. 3109.56 requires (R.C. 3109.52, 3109.54), and a grandparent the child lives with who has made reasonable attempts, without success, to locate and contact both parents (or the child's guardian or custodian) may execute a notarized caretaker authorization affidavit (R.C. 3109.65, 3109.67). Neither grants legal custody, and each must be filed with the court within five days (R.C. 3109.74).

How long does an Ohio grandparent power of attorney last?

It has no fixed term. It ends at the first of these events: the person who created it revokes it in writing and gives written notice to the grandparent and to the juvenile court where it was filed, the child stops living with the grandparent, a court order terminates it, or the child or the grandparent dies (R.C. 3109.59(A)). A copy of a revocation must be filed with the court within five days (R.C. 3109.59(B)).

Can I name a guardian for my children in my will in Ohio?

A surviving parent may appoint a guardian by will (R.C. 2111.12(B)), and any parent may nominate a guardian in a durable power of attorney or a writing signed before two witnesses or a notary (R.C. 2111.12(C), 2111.121). A will's nominee for the child's estate has preference over a guardian the child (over 14) selects; a nominee for the child's person does not, and the court may appoint the nominee, the child's choice, or someone else.

What is the difference between a guardian and a conservator in Ohio?

A guardian is appointed for a minor or an incompetent adult (R.C. 2111.02). An Ohio conservator is appointed only when a competent adult who is physically infirm voluntarily petitions the probate court for a conservatorship (R.C. 2111.021).

What must be proved to get guardianship of an adult in Ohio?

Incompetency must be proved by clear and convincing evidence (R.C. 2111.02(C)(3)). Evidence of a less restrictive alternative must be considered once introduced, and the court may deny a guardianship if one exists (R.C. 2111.02(C)(5), (6)).

Does the person get a lawyer in an Ohio guardianship case?

The alleged incompetent has the right to independent counsel of their choice, and if indigent, on request, the right to counsel and an independent expert evaluator appointed at court expense (R.C. 2111.02(C)(7)).

How long does an emergency guardianship last in Ohio?

An emergency guardian may be appointed ex parte for a maximum of 72 hours; for good cause, after notice and a hearing, the court may extend it for a specified period not exceeding an additional 30 days (R.C. 2111.02(B)(3)).

How often does an Ohio guardian file reports?

A guardian of an incompetent files a guardian's report two years after letters issue and biennially after that, or at other times on court motion or rule (R.C. 2111.49(A)(1)). Accounts of the ward's estate are due at least once every two years (R.C. 2109.302).

How can an Ohio guardianship be ended?

The ward, the ward's attorney or another interested party may request in writing, more than 120 days after the appointment, a hearing on whether the guardianship is still necessary; if the ward alleges competence, the applicant or guardian must prove incompetence by clear and convincing evidence (R.C. 2111.49(C)). On reasonable notice and satisfactory proof that the guardianship is no longer necessary or the letters were improperly issued, the court must terminate it, and that entry has the same effect as a finding that the person is competent (R.C. 2111.47).