Conservatorship Information

Under Ohio Revised Code 2111.021, a mentally competent adult who is physically infirm may petition the Probate Court to appoint a Conservator, nominated by the adult, to assume the legal duties of conservator of the person, or conservator of the estate of the adult.

This procedure is commenced by the Petitioner, the adult, completing and filing a Petition for the appointment of a conservator, with the Probate Court. The conservatorship procedure also involves the completion and filing of many related pleadings, and the matter must be set for hearing before the Court. An attorney should be contacted for assistance in this procedure. The Petition package, containing related Forms, can be obtained directly from the Court. A next of kin form is included, along with waivers that may be signed and filed. The adult petitioner is called and Conservatee under the statue, and the person nominated, is called the Conservator.

A Statement of Expert Evaluation for a Conservatorship must also be completed by the adult’s physician and attached to the Petition. The petition will be set for hearing before the Court. The Court Investigator will serve notice on the adult Petitioner, and file an Investigator’s report, with recommendations, with the Court.

The Conservatee, (applicant/petitioner), and the conservator, (nominated person) must both appear at the hearing, where they will each testify under oath concerning the matters in the petition. After hearing the testimony, the Court may appoint the Conservator. The appointment can be Limited with any authority requested, over the person only, or over the estate, or both. A Letter of Authority will be issued by the Court documenting the appointment.

After the appointment of the Conservator, all guardianship statutes and procedures are then effective by statutes and procedures are then effective by statute. This requires the Conservator to secure a surety bond twice the amount of the personal property under the control of the Conservator. Funds and accounts may also be placed in a Custodial account, under order of the Court, which will reduce the amount of the surety bond.

The Conservator must file an Inventory within 90 (ninety) days of the appointment, and a 1st (first) Account is due 1 (one) year after the date of appointment. Once again an attorney should be consulted, as the Inventory must be properly filed. The account must be complete and balance, and cancelled checks must be displayed, in order for the account to be accepted and approved by the Court. The Court’s supervision is further protection for the adult Conservatee.

The Conservator retains all the power and authority granted by the Court until the competent adult terminates the Conservatorship, or until amended by the Court. Until terminated or changed, the Conservator must file a biennial report with the Court documenting the continual need for the Conservatorship.

A properly established Conservatorship grants the petitioner, the competent adult, the safety and peace of mind of having a trusted person appointed for assistance while affording Court supervision of the process.

Legal Practice in the Probate Court

Legal practice in the Probate Court is restricted by law to attorneys who are licensed by the Supreme Court of Ohio. Due to the complexity of the law and desire to avoid costly errors, an attorney represents most individuals who have filings before the Court. Court employees are prohibited by statute from practicing law and cannot give legal advice.